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2022 DAILYLAW 1050 (ORI)

SUSHANTA GOCHHAYAT v. STATE OF ODISHA

WA/1621/2022 · 2026-07-20

Chittaranjan Dash, Harish Tandon Cj

Writ Petition (Civil)body2022

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1621 of 2022 Sushanta Gochhayat ….. Appellants Mr. S.R. Acharya, Advocate Vs. State of Odisha & others ….. Respondents Mr. Rabi Narayan Mishra, AGA CORAM: ACTING CHIEF JUSTICE DR. B.R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN ORDER 14.11.2023 W.A. No.1621 of 2022 & I.A. No.3782 of 2022 Order No. 05. This matter is taken up by hybrid mode. 2. This application has been filed for condonation of delay of 247 days in preferring the Writ Appeal. 3. Heard learned counsel appearing for the Appellant; Mr. R.N. Mishra, learned Addl. Government Advocate appearing for the State-Respondents & Ms. D. Mohapatra, learned Counsel appearing for the Respondent No.5. 4. As it appears, the order impugned has been passed on 24.02.2022 and the writ appeal has been filed on 28.11.2022. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 247 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 p. 2 05.04.2023 in S.L.P.(C) Diary No. 9259 of 2023. 6. 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 Laxmikant Designation: Senior Stenographer