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High Court of Orissa · body

2025 DAILYLAW 6441 (ORI)

STATE OF ODISHA v. RASMITA BEHERA

WA/532/2025 · 2026-05-13

Chittaranjan Dash, Dixit K S

Special Leave Petitionbody2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.159 of 2025 State Of Odisha & Ors. …. Appellants Mr. Umesh Chandra Behura , AGA -versus- Kumudini Mohanta and Others …. Respondents Mr. Krushna Chandra Sahu, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER 13.05.2026 01. I.A. No.369 of 2025 There is a delay of 232 days brooked in filing the Writ Appeal. An application in I.A. No.369 of 2025, supported by affidavit, accompanies the Appeal Memo, wherein delay is plausible explained. Condonation of delay would not prejudice case of the other side, inasmuch as matter would be heard on merit. Non-condoning will outs the Appellants from Court, which Courts exercising writ jurisdiction in Appeal not do. In the above circumstances, application in I.A. No.369 of 2025 having been favoured, delay in filing the Writ Appeal is condoned. I.A. is thus disposed off. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge 02. W.A. No.159 of 2025 The subject matter of this Writ Appeal is substantially similar to the one dealt with by a Coordinate Bench of this Court in Writ Appeal No.1323 of 2023 (State of Orissa v. Chhabindra Kumar Samal) disposed off on 02.07.2025 in the light of the decision of the Apex Court in SLP(C) No.13077 of 2020 between State of Orissa v. Amit Kumar Mishra, decided on 12.01.2021. There is not much dispute on this position. In the above circumstances, this Writ Appeal fails and is accordingly disposed off with a direction to implement the impugned orders of the learned Single Judge within an outer limit of three months and without giving any scope for contempt proceedings. (Krishna S. Dixit) Judge (Chittaranjan Dash) Judge AK Pradhan/Priyanka Designation: Senior Stenographer