State Of Odisha & Another vs Shantanu Kumar Swain & Others
2024 Latest Caselaw 496 Ori

Orissa High Court

State Of Odisha & Another vs Shantanu Kumar Swain & Others on 9 January, 2024

Bench: B.R. Sarangi, Murahari Sri Raman

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.A. No.3225 of 2023

State of Odisha & Another             .....                            Appellants
                                                          Mr. R. N. Mishra, AGA
                                      Vs.
Shantanu Kumar Swain & Others         .....                          Respondents


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

                                         ORDER

09.01.2024 W.A. No.3225 of 2023 & I.A. No.9254 of 2023

Order No. This matter is taken up by hybrid mode.

01.

2. This application has been filed for condonation of delay of 223 days in preferring the Writ Appeal.

3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants.

4. As it appears, the order impugned has been passed on 21.04.2023 and the writ appeal has been filed on 30.12.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 223 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 Laxmikant

Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Jan-2024 15:40:03