State Of Orissa v. Ramesh Ch.Mallick

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 9793 of 2014 State of Orissa .....

Petitioner Mr. T. Patnaik, A.S.C Vs.

Ramesh Chandra Mallik & Another .....

Opposite parties

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

20.04.2022 Order No.

05.

This matter is taken up through hybrid mode.

2.

Heard Mr. T. Pattnaik, learned Addl Standing Counsel for the petitioner-State.

3.

The petitioner-State has filed this writ petition challenging the order dated 29.10.2009 passed by the Odisha Administrative Tribunal, Bhubaneswar in P.P. No.202 of 2000. 4.

As it appears, though Odisha Administrative Tribunal, Bhubaneswar passed the impugned order on 29.10.2009, but the State-petitioner has preferred this writ petition on 16.05.2014, i.e., after long lapse of more than four and half years, which shows that the State is not vigilant of his own conduct. More so, when the matter was listed on 13.01.2015, this Court directed to remove the defects pointed out by the Stamp Reporter, but till date defect pointed out by the Stamp Reporter has not been removed. 5.

Mr. T. Pattnaik, learned Addl Standing Counsel prays that the matter may be disposed of on merit.

6.

In view of the above circumstances, since this is an year old matter, this Court is not inclined to entertain this writ petition at this belated stage, as the writ petition 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).

7.

Accordingly, the writ petition merits no consideration and the same is hereby dismissed.

Ashok/Sukanta (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE