State Of Orissa v. Suryakanti Dash Andors

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.126 of 2016 State of Odisha and others ....

Appellants Mr. Ramanath Acharya, Standing Counsel for School and Mass Education Department -versusSuryakanti Dash and others ....

Opposite Parties None

CORAM:

THE CHIEF JUSTICE JUSTICE M.S. RAMAN Order No.

ORDER

13.12.2022 Misc. Case No.199 of 2016 02.

1. There is a delay of 301 days in filing the appeal, which is not explained at all properly. The delay is purely on account of administrative reasons, which has not been acceptable even by the Supreme Court of India. In a series of judgments including the case of Office of the Chief Post Master General v. Living Media India Ltd. (2012) 3 SCC 563 and the subsequent judgment in the case of State of Madhya Pradesh v. Bherulal (2020) SCC OnLine SC 849, the Supreme Court has insisted on proper explanation by the State for the delay in filing its appeal. Accordingly, this Court declines to condone the delay in filing the appeal. The application is dismissed.

W.A. No.126 of 2016

2. Consequently, the appeal is dismissed on the ground of delay. Nevertheless, the question of law is left open for decision in some other appropriate case.

(Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge M. Panda