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2024 DAILYLAW 736 (ORI)

STATE OF ODISHA v. BAIKUNTHA BIHARI BEURA

WA/213/2024 · 2026-03-18

Chittaranjan Dash, Dixit K S

body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.213 of 2024 State of Odisha and others …. Appellants Mr. S.B. Panda, AGA -Versus- Baikuntha Bihari Beura and another …. Respondents Mr. P.K. Mohapatra, Advocate for R/1 CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. 01. ORDER 18.03.2026 W.A. No.213 of 2024 and I.A. No.526 of 2024 Mr. P.K. Mohapatra, learned counsel and his associates have entered appearance by filing Vakalatnama on behalf of the Respondent No.1. Vakalatnama filed be placed on record. The subject matter of this appeal is substantially similar to the one in W.A. No.1381 of 2025 between State of Odisha v. Tapan Kumar Sahu disposed off by us vide order dated 17.02.2026. The above is the order rendered both on merits and on delay application. There was delay of 217 days in filing that writ appeal and an application was filed seeking its condonation. The said application was favoured after being convinced of plausible explanation. Here too we have to take the same view, where delay is of 370 days in filing the writ appeal, since explanation offered is prima facie acceptable, there being sufficient cause for the delay brooked. Therefore, condonation of delay is accorded. In the above circumstances, Writ Appeal fails on merits. The impugned order of the learned Single Judge shall be given effect to within an outer limit of eight weeks, as has been prescribed in the cognate case and a compliance report be filed before the Registrar General of this Court within one week next following without giving scope for contempt action. Now, no costs. Web copy of order to be acted upon by all concerned. (Krishna Shripad Dixit) Judge ( Chittaranjan Dash ) Judge Anisha Designation: Jr. Stenographer