Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.2705 of 2024
State of Odisha …. Appellants
Represented by Adv.- Ms. Suman Pattanayak, AGA
-versus-
Prafulla Kumar Pradhan & Ors. …. Respondents
Represented by Adv.-
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER 20.02.2026
This Intra Court appeal by the State and its functionaries seeks to call in question a learned Single Judges order dated 23.06.2023, whereby FAO No.09 of 2020 filed by the Appellants came to be negatived on the sole ground that there was inordinate delay of 5 years and 303 days in preferring the same and that there was no plausible explanation offered therefor.
2. Learned AGA appearing for the Appellants makes certain
submissions seeking intervention of this Court. Even this Appeal is preferred after brooking a long delay of 432 days. An application is filed in I.A. 7092 of 2024 supported by an affidavit seeking its condonation.
3. A perusal of the application and affidavit do not make out a plausible explanation for this delay too.
4. Even otherwise, we cannot undertake examination of the matter on merits as the Appeal itself being not maintainable in view of a Full Bench
Order No.
01.
decision of this Court in WA No.2047 of 2024 between Laba Kumar Rath v. State of Odisha disposed off on 17.12.2024.
In the above circumstances, the Appeal is rejected in limine.
Registry to send a copy of this order to the Respondents by speed post immediately.
Web copy of order to be acted upon by all concerned.
(Krishna Shripad Dixit) Judge
(Chittaranjan Dash) Judge Prasant