State Of Odisha And Others vs Anil Padhy And Another
2024 Latest Caselaw 8134 Ori

Orissa High Court

State Of Odisha And Others vs Anil Padhy And Another on 1 May, 2024

Author: Murahari Sri Raman

Bench: Murahari Sri Raman

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    WA No.597 of 2024

            State of Odisha and others                   ....           Appellants
                                                      Mr. M.K. Khuntia, A.G.A.
                                          -versus-
            Anil Padhy and another                 ....       Respondents
                             M/s. Ranjit Mohanty, Advocate and associates

            CORAM:
            THE CHIEF JUSTICE
            MR. JUSTICE MURAHARI SRI RAMAN
                                          ORDER

Order No. 01.05.2024

01. I.A. No.1607 of 2024

This matter is taken up through Hybrid mode.

2. This application has been filed by the applicants/appellants seeking condonation of delay of 363 days in preferring the present intra-Court appeal.

3. For the reasons stated in this application and the fact that learned counsel appearing on behalf of respondent No.1 does not have any objection to the prayer for condonation of delay, the delay of 363 days in filing the present writ appeal stands condoned.

4. This application is allowed.

5. Heard learned Additional Government Advocate appearing on behalf of the appellants-State and learned counsel for respondent No.1.

6. In view of what has been observed by the learned Single Judge in the impugned judgment dated 03.03.2023 passed in W.P.(C) No.25636 of 2019, we see no reason to interfere as the judgment was passed in the presence of learned State counsel after having taken note of the submissions advanced on behalf of the State.

7. Learned counsel representing the parties do not dispute that the case of respondent No.1 (writ petitioner) is covered by the decision of a coordinate Bench of this Court in case of State of Odisha & others v. Bindusagar Samantray rendered on 25.09.2023 in W.A. No.810 of 2021 and batch as well as the decision of the Supreme Court in case of Malaya Nanda Sethy v. State of Odisha 2022 SCC OnLine SC 684.

8. In such view of the matter, the present writ appeal stands disposed of in terms of this Court's decision in case of State of Odisha & others v. Bindusagar Samantray (supra).

9. Interlocutory applications, if any, stand disposed of.

(Chakradhari Sharan Singh) Chief Justice

(M.S. Raman) Judge S.K. Guin/P.A.

Designation: Personal Assistant

Location: High Court of Orissa, Cuttack Date: 06-May-2024 10:50:04