Managing Committee Of Harekrushna vs State Of Odisha & Others
2025 Latest Caselaw 7901 Ori

Orissa High Court

Managing Committee Of Harekrushna vs State Of Odisha & Others on 4 September, 2025

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                            FAO NO.385 OF 2025

                 Managing Committee of Harekrushna ....         Appellants
                 Das Girls Academy, Balasore & Others
                                                Mr. K.K. Swain, Advocate

                                            -versus-

                 State of Odisha & Others                  ....     Respondents
                                                            Mr.J.K. Ray, ASC
                 CORAM:
                 HON'BLE MR. JUSTICE DIXIT KRISHNA SHRIPAD
                                ORDER

Order No.                      04.09.2025
  01.                     FAO NO.385 OF 2025
                                   &
                           I.A. No.728 of 2025

This appeal seeks to call in question State Education Tribunal's order dated 28.11.2019, whereby G.I.A Case No.1224 of 2016 has been rejected.

2. Learned counsel for the Appellant- Managing Committee of the institution vehemently argues that although the appeal has been filed with a delay of more than two thousand days, an explanation is offered for its condonation, and that appeal on merits if heard no prejudice will be caused to other side. The application supported by affidavit mentions that due to advent of Covid-19 pandemic Appellant No.1 could not contact the advocate on record and only after delivery of judgment by this Court in FAO No.281 of 2018 between State of Odisha & others v. Sadhana Pradhan & others disposed off on 23.06.2025, the dismissal of G.I.A Case came to the notice of the Management and immediately they have taken

steps to file this appeal and therefore, the delay should be condoned.

3. Learned ASC-Mr. Ray appearing for the official Respondents opposes the application contending that delay is too long to be condoned and that once delay of the kind is condoned, that would be paving way for other belated claims, which is not in the best interest of the State; the explanation offered is prima facie unacceptable since the Management is before the Court and not some illiterate or rural background person. So contending, he seeks dismissal of the application.

Having heard learned counsel appearing for the parties and having perused the appeal papers along with the application, this Court is not inclined to condone the delay, inasmuch as it is too long to be condoned. Learned ASC is right in contending that Appellant is not some insignificant person or illiterate one nor a labourer or a peasant, but the Managing Committee of a school.

In the above circumstances, application being devoid on merits is liable to be and accordingly rejected. As a consequence, appeal too.

However, this order shall not come in the way of the Appellant seeking the claim of Grant-in-Aid elsewhere in accordance with law. In that connection, all contentions are kept open.

Judge

COURT OF ORISSA, CUTTACK Date: 04-Sep-2025 19:12:39