State Of Orissa vs Santilata Parida & Others
2024 Latest Caselaw 9886 Ori

Orissa High Court

State Of Orissa vs Santilata Parida & Others on 21 May, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                               L.A.A. No.86 of 2010

                 State of Orissa                   ....          Appellant

                                                        Mr. D.K. Behera,
                                            Additional Standing Counsel

                                        -versus-
                 Santilata Parida & others         ....       Respondents



                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

21.05.2024 Order No.

04. This matter is taken up through hybrid mode.

2. This matter has been listed under the heading "For Orders" as the State-Appellant failed to act in terms of the order dated 22.07.2015 passed in Misc. Case No.187 of 2010, vide which it was ordered to issue notice on the question of limitation to the Respondents by Registered post with A.D. granting time to file requisites within a week.

3. Though the Appeal is of the year 2010, in terms of the order dated 22.07.2015, the State is yet to act, enabling the Office to issue notice to the Respondents on the question of limitation.

4. Apart from the above, on perusal of the record, it is ascertained that there is delay of 477 days in presenting the Memorandum of Appeal and the Appeal has been preferred against the impugned judgment, vide which the referral Court enhanced the compensation amount and the differential amount is calculated to be Rs.7,400/-. Accordingly, Memorandum of Appeal has been valued at Rs.7,400/- and Court Fee of Rs.873/- has been paid by the State-Appellant. For a meager amount, this Appeal is pending since 2010. Apart from that, there is a delay of 477 days and despite order passed by the coordinate Bench, no step has been taken since 22.07.2015 for issuance of notice to Respondents on limitation.

5. In view of the reasons detailed above, this Court is not inclined to allow further time to take steps in terms of the order dated 22.07.2015.

6. Accordingly, the Appeal stands dismissed for non- compliance of the order dated 22.07.2015.

7. Registry is directed to communicate a copy of this order to the court below as well as the Private Respondents.

Prasant (S. K. Mishra) Judge

Signed by: PRASANT KUMAR PRADHAN

Location: High Court of Orissa, Cuttack. Date: 22-May-2024 13:44:30