Orissa High Court
State Of Odisha & Another vs Shantilata Swain And on 18 November, 2025
Author: Mruganka Sekhar Sahoo
Bench: Mruganka Sekhar Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No. 1629 of 2023
State of Odisha & another .... Appellants
Represented by Adv.-
Mr. P.K.Mohanty, Addl. Standing Counsel
-Versus -
Shantilata Swain and .... Respondents
another
Represented by Adv.-
CORAM:
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
AND
HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
ORDER
18.11.2025
Order No. (Hybrid mode)
I.A. No. 4334 of 2023
03. 1. Writ Appeal earlier dismissed by order of the
coordinate Bench dated 02.11.2023 along with I.A.
No. 4334 of 2023 have been revived and restored to
file as directed by the Hon'ble Supreme Court vide
order dated 21.07.2025 in Civil Appeal No. 9853 of
2025 arising out of SLP(C) No. 15194 of 2024; (The
State of Odisha and another v. Shantilata Swain
and another), thereby allowing the appeal filed by
the State.
2. In disposing of the appeal, the Hon'ble apex
Court have directed thus (paras 3 & 4) :
"3) In view of the above, we set aside the
impugned order and remit the matter back to the
High Court to decide on merit after restoring the
Writ Appeal.
4) It is needless to observe that during hearing
of the Writ Appeal, all objections and legal issues
are left open to be raised by the parties before
the Court."
In view of the above observations of Hon'ble Apex
Court nothing survives for this Court to further
consider regarding condonation of delay in filing writ
appeal.
Delay in filing the appeal having been condoned by
the Hon'ble Supreme Court, the I.A. is disposed of.
3. I.A. has been filed for dispensing with filing of
certified copy of the order impugned. Since it is an
intra court appeal, the records of W.P.(C) No. 34129 of
2023 along with order dated 13.03.2023 are to be made
available for reference.
4. I.A. is favoured and disposed of. Registry to do the
needful.
5. In the SLP filed by the State referred above,Hon'ble
Apex Court has relied on their earlier decision in Civil
Appeal No. 10510 of 2024 arising out of SLP(C) No.9008
of 2024 : (State of Odisha and others v. Madhurima
Panigrahi) decided on 10.09.2024. The observations of
the Hon'ble Apex Court in Madhurima Panigrahi have
been reiterated in the subsequent SLP (Shantilata
Swain, supra) particularly paragraphs 4, 5 & 6 which
are quoted herein :
"4. The State filed Writ Appeal (s) to challenge
the above decision of the learned Single Judge
but those were not considered on merit and
instead dismissed on the ground of belated
filing, by following the ratio in State of
Odisha Vs. Surama Manjari Das passed in
WP (C) No.15763 of 2021.
5. In cases of this nature, which may have
implication for a large number of Government
employees and also financial implication for
the State, the Division Bench ought to have
considered the merit of the State's challenge
particularly when most of the Writ Appeals
were not filed with inordinate delay.
6. In the above circumstances, we deem it
appropriate to set aside the impugned
judgment (s) of the Division Bench. The
appeals are accordingly disposed of. The
matters are remitted back to the Division
Bench of the High Court so that a decision on
merit on the State's challenge, can be
rendered. Effort should be made for early
disposal of the Writ Appeal (s).
6. Learned ASC relies on observations of the Hon'ble
apex Court in the present case i.e. State v. Shantilata
Swain as well as in the case of State of Odisha v.
Madhurima Panigrahi.
7. Issue notice along with this order. Requisites for
issuance of notice by speed post shall be filed within
five working days.
8. I.A. has been filed seeking interim stay of
operation of the order dated 13.03.2023 passed in
W.P.(C) No. 34129 of 2021.
9. Heard learned ASC. He reiterates his
submission as noted above.
10. Issue notice. Accept one set of process fee as
well as postal requisites along with writ appeal.
As an interim measure it is directed there
shall be stay operation of the order dated
13.03.2023 passed in W.P.(C) No. 34129 of 2021
until further orders.
11. List after S/R. Liberty to mention.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge
dutta
