Odisha Lift Irrigation vs Ramesh Chandra Guin &
2024 Latest Caselaw 410 Ori

Orissa High Court

Odisha Lift Irrigation vs Ramesh Chandra Guin & on 8 January, 2024

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                               WA No. 2575 of 2023

Odisha Lift Irrigation                .....                                  Appellant
Corporation Ltd.
                                                Mr. Bigyan Kumar Sharma, Advocate
                                      Vs.

Ramesh Chandra Guin &                 .....                               Respondents
Others
                                                   Mr. Umesh Ch. Mohanty, Advocate

             CORAM:
                   ACTING CHIEF JUSTICE DR. B.R. SARANGI
                   MR. JUSTICE MURAHARI SRI RAMAN


                                             ORDER

08.01.2024 W.A. No.2575 of 2023 & I.A. No.7590 of 2023 Order No. This matter is taken up through hybrid mode.

01.

2. This matter is taken up by hybrid mode.

2. This application has been filed for condonation of delay of 144 days in preferring the Writ Appeal.

3. Heard learned counsel for the parties.

4. As it appears, the order impugned has been passed on 19.04.2023 and the writ appeal has been filed on 12.10.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 144 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal.

5. In the above view of the matter, this Court is not inclined to entertain the writ appeal at this belated stage, as the same suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the apex Court,

vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023.

6. Accordingly, the interlocutory application merits no consideration and the same is hereby dismissed. Consequentially, the writ appeal is also dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Aswini

Designation: PA(SECRETARY-IN-CHARGE)

Location: ORISSA HIGH COURT, CUTTACK Date: 09-Jan-2024 10:56:32