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Orissa High Court
State Of Odisha And Others vs Bansidhar Bariki on 4 December, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.589 of 2025
State of Odisha and others .... Appellants
Represented by Adv.-
Mr. Jayanta Kumar Bal, AGA
-Versus -
Bansidhar Bariki .... Respondent
Represented by Adv.-
Mr. Srinivas Mohanty, Advocate
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
04.12.2025
Order No. (Hybrid mode)
02. I.A. No.1461 of 2025
1. The I.A. has been filed for dispensing with filing of certified copy
of the impugned order dated 20.11.2024 passed in W.P.(C) No.2265 of
2023.
Since it is an intra Court appeal, the records of the writ petition
along with the order is made available for reference.
2. The I.A. is favoured and disposed of.
3. I.A. has been filed for condonation of reported delay of 81 days in
filing the appeal.
4. Heard learned AGA for the appellants. He refers to the grounds
stated in the I.A. supported by affidavit particularly paragraphs 2 to 6 to
submit that sufficient causes have been shown for condonation of delay.
5. It is submitted that the matter involves financial implication for
the State and if delay is not condoned and the matter is not considered
on merits, the appellants have been highly prejudiced. He refers to the
judgments of the Hon'ble Supreme Court in SLP(C) No. 11443 of
2023 : (State of Odisha and others v. Nikunja Kishore Panigrahi)
decided on 21.11.2023, SLP(C) No.9008 of 2024 : (State of Odisha
and others v. Madhurima Panigrahi) decided on 10.09.2024, SLP(C)
No.25180 of 2024 : (State of Odisha and others v. Prasanna Kumar
Jena and others) decided on 14.02.2025, SLP(C) No.2146 of 2024:
(State of Odisha v. Sudhansu Sekhar Jena) decided on 21.02.2025 :
2025 INSC 259: 2025 SCC Online SC 385, SLP(Civil) No. 23039 of
2024: (State of Odisha v. Ajaya Kumar Bhoi) decided on 19.03.2025,
SLP(Civil) No. 15194 of 2024: (State of Odisha v. Shantilata Swain)
decided on 21.07.2025 and SLP(C) No.13762 of 2024: (State of
Odisha v. Bhikari Prusty) decided on 15.10.2024 and submits that
more than 600 SLPs. have been allowed by the Hon'ble Supreme Court
in all the cases delay in filing the writ appeal has been condoned
directing this Court to take up the matter and hear on merits.
6. The learned counsel for the respondent vehemently opposes the
prayer for condonation of delay. He submits that the causes shown
explaining the delay are too frugal to be accepted.
7. Having heard learned AGA for the appellants-State as well as the
learned counsel for the respondent, we condone the delay of 81 days in
filing the appeal. Condonation of delay would not add any further lead
to the case of the appellants-State.
8. The I.A. is favoured and disposed of.
9. Heard learned Additional Government Advocate for the
appellants-State.
Issue notice.
Since Mr. Srinivas Mohanty and associates, learned advocates
have already entered appearance on behalf of the respondent, no further
notice be issued to the respondent. Copy of the appeal memo along
with I.A. shall be served on the learned counsel for the respondent
within three working days.
10. List for admission on 22nd January, 2026.
11. Heard learned AGA for the appellants-State.
Issue notice.
Since Mr. Srinivas Mohanty and associates, learned advocates
have already entered appearance on behalf of the respondent, no further
notice be issued to the respondent.
12. As an interim measure, it is directed there shall be stay operation
of the order dated 20.11.2024 in W.P.(C) No.2265 of 2023 till the next
date of hearing.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
jyostna
