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Supreme Court - Daily Orders

The State Of Odisha vs Nikunja Kishore Panigrahi on 15 May, 2023

Bench: Hima Kohli, Bela M. Trivedi

                                                               1

     ITEM NO.14                                    COURT NO.17                        SECTION XI-A

                                       S U P R E M E C O U R T O F               I N D I A
                                               RECORD OF PROCEEDINGS

                           SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 9148/2023

     (Arising out of impugned final judgment and order dated 22-07-2022
     in WPC No. 13522/2019 passed by the High Court of Orissa at
     Cuttack)

     THE STATE OF ODISHA & ORS.                                                       Petitioner(s)

                                                              VERSUS

     NIKUNJA KISHORE PANIGRAHI                                                        Respondent(s)

     (FOR ADMISSION and I.R. and IA No.92547/2023-CONDONATION OF DELAY
     IN FILING and IA No.92548/2023-CONDONATION OF DELAY IN REFILING /
     CURING THE DEFECTS )

     Date : 15-05-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MS. JUSTICE HIMA KOHLI
                             HON'BLE MS. JUSTICE BELA M. TRIVEDI


     For Petitioner(s)                      Mr. Kiran Kumar Patra, AOR
                                            Mr. Chandrashekhar Padhi, Adv.

     For Respondent(s)


                                 UPON hearing the counsel, the Court made the following
                                                   O R D E R

1. Delay condoned.

2. The petitioners are aggrieved by the order dated 22.07.2022, passed by the Division Bench of the High Court of Orissa at Cuttack, whereby Writ Petition (C) No. 13522 of 2019 filed by them has been dismissed on the ground of delay.

Signature Not Verified

3. Learned counsel for the petitioners states that the writ Digitally signed by SWETA BALODI Date: 2023.05.17 18:31:38 IST Reason: Petition was admitted by the Division Bench vide order dated 02.08.2019 and the order dated 04.12.2017 passed by the Odisha 2 Administrative Tribunal, (Cuttack Bench) in O.A. No. 1138(C) of 2016 filed by the petitioners, was stayed. Thereafter, the matter was directed to be listed for hearing. It is submitted that by the impugned order, the Division Bench has proceeded to simply dismiss the writ petition preferred by the petitioners on the ground of limitation without examining the merits of the case.

4. Issue notice, returnable in four weeks.

5. Notice may be served by all modes, including dasti.

     (BABITA PANDEY)                            (R.S. NARAYANAN)
     COURT MASTER (SH)                          COURT MASTER (NSH)