Orissa High Court
State Of Odisha & Others vs Akshaya Kumar Padhi & Others on 1 November, 2023
Bench: B.R. Sarangi, Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2336 of 2023
State of Odisha & Others ..... Appellants
Mr. Rabi Narayan Mishra, AGA
Vs.
Akshaya Kumar Padhi & Others ..... Respondents
CORAM:
ACTING CHIEF JUSTICE DR. B.R. SARANGI
MR. JUSTICE MURAHARI SRI RAMAN
ORDER
01.11.2023 W.A. No.2336 of 2023 & I.A. No.6354 of 2023 Order No. This matter is taken up by hybrid mode.
01.
2. This application has been filed for condonation of delay of 197 days in preferring the Writ Appeal.
3. Heard Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants.
4. As it appears, the order impugned has been passed on 30.01.2023 and the writ appeal has been filed on 14.09.2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 197 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.
6. Accordingly, the interlocutory application merits no Page 1 of 2 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: 01-Nov-2023 17:19:43 Page 2 of 2