Citation : 2026 Latest Caselaw 1462 Ori
Judgement Date : 17 February, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.1386 of 2024
State of Odisha & others .... Appellants
Mr. S.B. Mohanty, AGA
-versus-
Indrani Biswal .... Respondent
Mr. S. K. Mishra, Advocate
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER
Order No. 17.02.2026
I.A. No.3557 of 2024
04. There is a delay of 254 days brooked in filing the writ appeal. An application in I.A. No.3557 of 2024, supported by affidavit accompanies the appeal memo, wherein delay is plausibly explained. Learned AGA Mr. Mohanty tells that because of the official transactions such delay do occur and therefore, the same needs to be viewed leniently. He adds that there are some arguable points in the appeal on merit side and therefore, if the appeal is dismissed only on the ground of delay, State would put to injustice. He further asks that if the delay is condoned, no prejudice would be caused to anyone, since merits of the appeal itself will not be altered to the disadvantage of the Respondent. We agree with this view. However, the condonation of delay cannot be unconditional.
In the above circumstances, application in I.A. No.3557 of 2024 having been favoured, delay in filing the writ appeal is condoned, since explanation offered is plausible. However, that condonation is subject to first Appellant's paying Rs.3,280/- (Rupees three thousand two hundred eighty) only to the Respondent, and this amount is computed @ of Rs.20/- per day. Amount to be remitted within two weeks, failing which application would stand automatically dismissed on the next date of hearing and as a consequence, appeal also.
I.A. is thus disposed off.
(Krishna Shripad Dixit) Judge
(Chittaranjan Dash) Judge Bijay/Sarbani
Designation: Junior Stenographer
Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Feb-2026 10:21:08
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