Kamalakanta Sahu vs State Of Odisha & Others .... Opp. ...
2025 Latest Caselaw 11070 Ori

Orissa High Court

Kamalakanta Sahu vs State Of Odisha & Others .... Opp. ... on 11 December, 2025

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                RVWPET No.166 of 2025

            Kamalakanta Sahu                           ....            Petitioner
                                                                 Represented by

                                                 Mr. S.K. Mohapatra, Advocate

                                          -Versus-
            State of Odisha & Others                     ....        Opp. Parties
                                                                 Represented by

                                                              Mr. S.N. Patnaik,
                                               Additional Government Advocate

                   CORAM:
                        JUSTICE SASHIKANTA MISHRA

                                             ORDER

11.12.2025 I.A. No.250 of 2025 Order No. 01 1. This matter is taken up through hybrid mode. . 2. This is an application for condonation of delay in filing the review application. The SR has pointed out the delay of 1143 days. The reasons for delay have been stated in the application, which this Court has perused.

3. It is simply stated that the review petition could not be filed earlier as the Government had preferred appeal and subsequently a review application had also been filed. Since the petitioner was participating in the said proceeding, he could not file the review application.

4. This Court finds that the present review application has been filed to modify the judgment passed by this Court to the extent of granting the petitioner all financial benefits, which were not granted by this Court invoking the principle of no work no pay.

Obviously the petitioner, if aggrieved could have filed an independent appeal against the judgment of this Court. This Court fails to understand as to how the filing of appeal by the State or the review application could prevent the petitioner from seeking review.

5. This Court therefore, is not inclined to condone the inordinate delay in filing of this review application.

6. The I.A. is therefore, dismissed.

7. Consequently, the review application also stands dismissed.

(Sashikanta Mishra) Judge

Puspanjali

Location: High Court of Orissa, Cuttack.