State Of Odisha & Others vs Chakradhar Mohaud & .... Opp. Parties
2024 Latest Caselaw 16583 Ori

Orissa High Court

State Of Odisha & Others vs Chakradhar Mohaud & .... Opp. Parties on 12 November, 2024

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         RVWPET No.248 of 2019

             State of Odisha & others               ....         Petitioners

                                                    Mr. Tej Kumar, ASC

                                       -versus-

             Chakradhar Mohaud &       ....    Opp. Parties
             others
                               Mr. Sushanta Kumar Mishra,
                                                Advocate

         CORAM:
               JUSTICE SIBO SANKAR MISHRA

Order                                  ORDER
 No.                                 12.11.2024
 02.    1.     Heard Mr. Tej Kumar, learned Additional Standing
        Counsel for the State/petitioners and Mr. Sushanta Kumar
        Mishra, learned counsel for the opposite parties.
        2.     In this review petition, the petitioners are aggrieved
        by the order dated 14.03.2018 passed by the learned Single
        Bench of this Court in Misc. Case No.287 of 2016 arising
        out of FAO No.147 of 2016.
        3.     The aforementioned first Appeal, a Misc. Case was
        filed by the State for condonation of delay in filing the First
        Appeal, which has been rejected. The learned Single
        Judge, who was not satisfied on the cause shown to
        explain   the   delay   of    732   days    has   dismissed     the
        condonation     of   delay    application    relying    upon    the
        judgment of the Hon'ble Supreme Court in the case of

                                                                 Page 1 of 3
 Office of the Chief Post Master & Others vrs. Living
Media India Ltd. & Another, reported in (2012) 3 SCC
563, as a sequel to that, the FAO failed and was
dismissed. Against the said order, the petitioners have filed
the present review petition relying upon the order dated
1.

9.2017 passed by the Hon'ble Supreme Court in Civil Appeal No.11180-81 of 2017. Learned counsel for the petitioners submits that the Hon'ble Supreme Court in similar circumstances has condoned the delay and passed the following order:

"Delay condoned.

Leave granted.

Having regard to the peculiar facts and circumstances of the present case we, condone the delay in filing the appeal before the High Court. Accordingly, we set aside the impugned order of the High Court and remand the matter to the High Court for fresh decision in accordance with law. The appeal is, accordingly, disposed of. Parties are directed to appear before the High Court for further proceedings on October 9, 2017."

4. The condonation of delay and allowing the appeal to be heard by the High Court passed by the Hon'ble Supreme Court is based on the facts of that case and the petitioners are not able to convince this Court regarding the number of days delay in those cases in which the Hon'ble Supreme Court had given indulgence. Moreover, the sufficient cause to be shown to explain the delay being a pure question of fact, which was dealt with by the Learn Single Judge in the impugned order, the same is not open to Review Jurisdiction for re-appreciation. I am not convinced by

the argument put forth by the learned counsel for the petitioners.

5. Hence, the Review Petition fails and accordingly the same is dismissed.

(S.S. Mishra) Judge

amit

Location: HIGH COURT OF ORSSA, CUTTACK