State Of Orissa vs Linga Amat ..... Opposite Party
2025 Latest Caselaw 7218 Ori

Orissa High Court

State Of Orissa vs Linga Amat ..... Opposite Party on 26 August, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLLP No.16 of 2005

            State of Orissa                          .....                 Petitioner
                                                             Represented By Adv. -
                                                             Ms. B.K. Sahu, AGA

                                            -versus-
            Linga Amat                              .....            Opposite Party
                                                             Represented By Adv. -
                                                             Mr. Basudev Pujhari

                                 CORAM:
            THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

                                            ORDER

26.08.2025 Order No.

08. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. On perusal of the record, it appears that Misc. Case No.26 of 2005, which has been filed for condonation of delay by the State-Petitioner, was taken up for hearing on 04.12.2008. Order dated 04.12.2008 reveals that delay in filing the CRLLP is condoned subject to payment of cost of Rs.400/- within a period of two weeks.

3. Office noting dated 24.12.2008 reveals that Mr. Basudev Pujhari, learned counsel for the Opposite Party has received the cost. Order dated 16.11.2023 of the learned coordinate Bench reveals that delay has not been condoned.

4. Although Misc. Case No.26 of 2005 has been disposed of vide order dated 04.12.2008, however, the learned coordinate

Bench has again directed to serve copy the appeal memo on the learned counsel for the Opposite Party and it has been observed in 16.11.2023 that the delay has not been condoned. Order dated 16.11.2023 does not reflect the correct state of affairs. Probably the aforesaid fact was not brought to the notice of the learned coordinate Bench.

5. In view of the aforesaid position, this Court is of the view that the delay has already been condoned by this Court vide order dated 04.12.2008 passed in Misc. Case No.26 of 2005. Therefore, the matter is to be heard on the question of admission.

6. On the prayer of the learned counsel for the parties, they are granted two weeks' time to get ready for admission for hearing.

7. Taking into consideration the fact that the application of the year 2005, no further adjournment shall be granted.

8. List this matter in the week commencing 8th September, 2025.

9. In the meantime, a legible copy of the judgment be filed by the State-Petitioner.

( A.K. Mohapatra ) Judge Debasis