Commissioner vs Radha Krisna Dash & Others
2026 Latest Caselaw 244 Ori

Orissa High Court

Commissioner vs Radha Krisna Dash & Others on 12 January, 2026

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.A. No.833 of 2025

              Commissioner, Cuttack Municipal       ....     Appellant
              Corporation, Cuttack
                                             Mr. P. Mohanty, Advocate
                                    -versus-
              Radha Krisna Dash & Others            .... Respondents
                                                      Dr. J.K. Lenka, Advocate
                         CORAM:
                         JUSTICE DIXIT KRISHNA SHRIPAD
                         JUSTICE CHITTARANJAN DASH

                                       ORDER

Order No.                             12.01.2026
   01.

W.A. No.833 of 2024 & I.A. No.2010 of 2025

An application in I.A. No.2010 of 2025 is moved for seeking condonation of delay supported by affidavit. No objection is filed to the said application rightly. Delay is 139 days and plausible explanation is offered for the same. Ordinarily, short delay is condoned by the Courts, lest justice be done. Non-condonation of delay put the parties to hardship and justice, arguably.

Learned counsel appearing for the Respondents very fairly submits that application be allowed and delay condoned.

In the above facts, the application having been favoured, delay brooked in filing the writ appeal stands condoned.

Learned counsel for the Respondents submits that the subject matter of this appeal is substantially similar to the one in W.A. No.693 of 2025 between State of Odisha and others v. Commissioner, Cuttack Municipal Corporation and others disposed

off on 20.11.2025, wherein the appeal of the kind has been negatived by the Co-ordinate Bench.

In view of the above, this appeal also has to meet the same fate and accordingly in terms of the judgment dated 20.11.2025 in cognate case mentioned above (W.A. No.693 of 2025), this writ appeal is disposed off.

Web copy of this order to be acted upon by all concerned.

(Dixit Krishna Shripad) Judge

(Chittaranjan Dash) Judge

Madhusmita

Location: HIGH COURT OF ORISSA, CUTTACK