LALU PRASAD GOUDA v. STATE OF ODISHA
Court: High Court of Orissa
Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-02-05. LALU PRASAD GOUDA v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK W. A. No. 3085 of 2023 Lalu Prasad Gouda ….. Appellant Mr. S. K. Dash, Advocate Vs. State of Odisha & others ….. Respondents State Counsel Ms. Babita Kumari Pattnaik, Advocate (for Respondent No. 5) CORAM: ACTING CHIEF JUSTICE DR. B. R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN ORDER 05. 02. 2024 I. A. No. 8878 of 2023 Order No. This matter is taken up by hybrid mode. 01. 2. This application has been filed for condonation of delay of 118 days in preferring the Writ Appeal. 3. Heard. 4. As it appears, the order impugned has been passed on 21. 07. 2023 and the writ appeal has been filed on 18. 12. 2023 and in the meantime more than three months have passed. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 118 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 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 MRS Signature Not Verified Digitally Signed Signed by: MANORANJAN SAMAL Designation: PERSONAL ASSISTANT Reason: Authentication Location: Orissa High Court, Cuttack Date: 05-Feb-2024 16:37:04
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