STATE OF ODISHA v. REKHA NAYAK
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 2024-01-09. STATE OF ODISHA v. REKHA NAYAK. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK W. A. No. 3223 of 2023 State of Odisha & Another ….. Appellants Mr. R. N. Mishra, AGA Vs. Rekha Nayak & Another ….. Respondents CORAM: ACTING CHIEF JUSTICE DR. B. R. SARANGI MR. JUSTICE MURAHARI SRI RAMAN ORDER 09. 01. 2024 W. A. No. 3223 of 2023 & I. A. No. 9249 of 2023 Order No. This matter is taken up by hybrid mode. 01. 2. This application has been filed for condonation of delay of 223 days in preferring the Writ Appeal. 3. Heard Mr. R. N. Mishra, learned Addl. Government Advocate appearing for the State-Appellants. 4. As it appears, the order impugned has been passed on 21. 04. 2023 and the writ appeal has been filed on 30. 12. 2023. Therefore, the appeal suffers from delay and laches. Further, it appears that sufficient cause has not been shown to condone the delay of 223 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 Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Jan-2024 15:40:03
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