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Orissa High Court

State Of Odisha And Others vs Debendra Nath Panda on 10 October, 2023

Bench: B.R. Sarangi, M.S. Raman

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      W.A. No. 1189 of 2023

            State of Odisha and Others               ...           Appellants
                                      Mr. R.N. Mishra, Addl. Govt. Advocate
                                       -versus-
            Debendra Nath Panda                      ...          Respondent
                                                Mr. A.K. Pandey, Advocate



            CORAM:
            ACTING CHIEF JUSTICE DR. B.R. SARANGI
            MR. JUSTICE M.S. RAMAN
                                          ORDER

Order No. 10.10.2023 I.A. No.3096 of 2023 and W.A. No.1189 of 2023

01. 1. The above Interlocutory Application has been filed for condonation of delay of 215 days in filing the writ appeal.

2. As it appears, the judgment impugned has been passed on 26.09.2022, the writ appeal has been filed on 29.05.2023 and in the meantime, more than 215 days have passed. Therefore, the writ appeal suffers from delay and laches.

3. In that view of the matter, this Court is not inclined to entertain this writ appeal at this belated stage, as the writ appeal suffers from delay and laches, in view of the judgment of this Court in the case of State of Odisha v. Surama Manjari Das (in W.P.(C) No.15763 of 2021 dismissed on 16.07.2021), which has been confirmed by the Apex Court in SLP (C) Diary No.9259 of 2023 vide order dated 02.03.2023.

4. Accordingly, the I.A. and the writ appeal merit no consideration and the same are hereby dismissed.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE (M.S. RAMAN) JUDGE SK Jena/Secy.

Location: High Court of Orissa, Cuttack.