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Orissa High Court
State Of Odisha And Others vs Giridhari Sundara & Another on 12 December, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.419 of 2024
State of Odisha and others .... Appellants
Represented by Adv.-
Mr. Debaraj Mohanty, AGA
-Versus -
Giridhari Sundara & another .... Respondents
Represented by Adv.-
Dr. Purusottam Chuli, Advocate
(for Respondent No.1)
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
12.12.2025
Order No. (Hybrid mode)
1. The I.A. has been filed for dispensing with filing of certified copy
of the impugned order dated 15.11.2023 passed in W.P.(C) No.36570
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 95 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 9 to
submit that sufficient causes have been shown explaining the delay in
approaching the Court in filing the appeal.
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 and considering the grounds stated
in the I.A. supported by affidavit and taking note of the judgments of
the Hon'ble Apex Court, we condone the delay of 95 days in filing the
appeal. Condonation of delay would not add any further merit 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 Dr. Purusottam Chuli, learned counsel is on record on
behalf of the respondent no.1, no further notice be issued to the
respondent. Copy of the appeal memo along with I.A. and other papers
shall be served on the learned counsel for the respondent within three
working days.
10. List for admission on 15.12.2025. As it is stated at the Bar that
similar matters have been directed to be listed on the said date.
11. Heard learned AGA for the appellants-State.
Issue notice as above.
12. As an interim measure, it is directed that there shall be stay
operation of the order dated 15.11.2023 passed in W.P.(C) No.36570
of 2023 till the next date of hearing.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
