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2024 DAILYLAW 814 (ORI)

STATE OF ODISHA v. MAHESWAR BARIK

WA/1011/2024 · 2026-04-21

Chittaranjan Dash, Dixit K S

Writ Petition (Civil)body2024

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.1011 of 2024 State Of Odisha & Ors. …. Appellants Mr. Saroj Kumar Jee , AGA -versus- Maheswar Barik and another …. Respondents Mr. Sudhir Kumar Patra, Panel Counsel For the A.G. CORAM: JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 21.04.2026 01. I.A. No.2698 of 2024 This Intra-Court appeal is moved by the State and its officials against order of the learned Single Judge. They have brooked a delay of 462 days in filing the appeal and an application in I.A. No.2698 of 2024 accompanies the appeal memo. It is supported by an affidavit. Some explanation has been offered for the delay with which we are not fully satisfied. In matters like this we have awarded a cost of ₹20/- per day of delay for favourably considering the request for its condonation. 2. In the above circumstances, application in I.A. No.2698 of 2024 having been favoured, delay of 642 days is condoned, subject to Appellants collectively paying a sum of ₹9,240/- (Rupees Nine Thousand Two Hundred Forty only) to the p. 2 Respondents within three weeks, failing which the application shall be deemed to have been rejected and as a consequences, the appeal as well. The I.A. is disposed of. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge 02. W.A. No.1011 of 2024 This Intra-Court Appeal by the State seeks to lay a challenge to the learned Single Judge’s order dated 29.06.2024 passed in W.P.(C) No.613 of 2017 whereby the following relief has been bestowed on the Respondents: “In view of the above settled position of law, nothing remains to be reconsidered by this Court. Accordingly the Opposite Parties are directed to extend all such benefits in favour of the petitioner in terms of the directions given by the Courts as mentioned above, as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of the order” 02. The subject matter of the present Appeal is substantially similar to the decision of a Coordinate Bench of this Court in W.A. No.17 of 2023 (State of Odisha v. Krushna Chandra Mallick), heard and decided vide order dated 15.07.2025. p. 3 In the above circumstances, the Appeal, being devoid of merit, is liable to be rejected and is accordingly dismissed in limine. The Appellants are directed to implement the order within an outer limit of eight (8) weeks, failing which it shall invite appropriate action. The Registry is directed to send a copy of this order to the learned counsel for the Respondents by Speed Post forthwith. No order as to costs. Web copy of order be acted upon by all concerned. (Krishna Shripad Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Junior Stenographer