Orissa High Court
State Of Odisha And Others vs Prasanna Kumar Jena & Others on 16 October, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.530 of 2023
State of Odisha and others ..... Appellants
Mr. R.N. Mishra, AGA
Vs.
Prasanna Kumar Jena & Others ..... Respondents
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
16.10.2023 I.A. No.1335 of 2023 Order No. This matter is taken up by hybrid mode.
06.
2. This application has been filed for condonation of delay of 272 days in preferring the Writ Appeal.
3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants and the learned counsel for respondent.
4. As it appears, the order impugned has been passed on 08.07.2022 and the writ appeal has been filed on 17.03.2023 and in the meantime more than six months has passed. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 272 days in preferring the writ appeal. That apart, no due diligence has been indicated in the petition in preferring the writ appeal.
5. In the above view of the matter, this Court is not inclined to entertain the writ appeal at this belated stage, as the same suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the apex Court, vide order dated 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023.
Page 1 of 26. Accordingly, the interlocutory application merits no consideration and the same is hereby dismissed. Consequentially, the writ appeal is also dismissed.
(DR. B.R. SARANGI) ACTING CHIEF JUSTICE (M.S. RAMAN) JUDGE Aswini Signature Not Verified Digitally Signed Signed by: ASWINI KUMAR SETHY Designation: PA(SECRETARY-IN-CHARGE) Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Oct-2023 17:47:49 Page 2 of 2