Duryodhan Sahu And Others vs Home Department Of Orissa
2025 Latest Caselaw 1557 Ori

Orissa High Court

Duryodhan Sahu And Others vs Home Department Of Orissa on 22 July, 2025

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                SAO No.11 of 2004

            Duryodhan Sahu and others             ....           Appellants

                                                  Mr. S. Mishra, Advocate
                                      -Versus-
            Home Department of Orissa,        ....             Respondents
            represented by the Superintendent
            of Police, Bhadrak and others
                                                       Mr. P.K. Ray, AGA
                      CORAM:
                      MR. JUSTICE R.K. PATTANAIK
                                      ORDER

22.07.2025 Order No.

16. 1. Heard Mr. Mishra, learned counsel for the appellants and Mr. Ray, learned AGA for the State.

2. In Course of hearing, Mr. Mishra, learned counsel for the appellants relies on the following decisions, such as, E.V. Ranga Reddy Vrs. Union of India and others 2013 SCC Online AP 85, Kores (India) Limited Vrs. Bank of Maharashtra and others 2009 (17) SCC 674, Pathapati Subba Reddy (Died) by L.Rs & others Vrs. the Special Deputy Collector (LA) in SLPC (Civil) No.31248 of 2018 decided on 8th April, 2024 and H. Anjanappa and others Vrs. A. Prabhakar and others in Civil Appeal Nos.1180-1181 of 2025 to contend that granting leave to appeal as well condoning the delay without notice to the appellants followed by the

impugned judgment in Title Appeal No.44 of 2003 with a remand of the matter for disposal of the suit by the Court of 1st instance in connection with T.S. No.273 of 1990-I is legally not tenable and hence, liable to be set aside.

3. Mr. Ray, learned AGA for the State, on the other hand, justifies the remand on disposal of the appeal by learned court below.

4. With the submissions, the hearing is concluded.

5. Order is reserved allowing Mr. Ray, learned AGA for the State to file a written note as prayed for within seven days.

(R.K. Pattanaik) Judge

Rojina

Designation: Junior Stenographer