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Orissa High CourtWP(C)/19111/2016disposed off

Kishore Ch.Sahoo v. State Of Odisha

2022-12-14Dr. Justice B.R.Sarangi,Mr. Justice Biraja Prasanna Satapathy2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No19111 of 2016 Kishore Chandra Sahoo .....

Petitioner Mr. S. Sahoo, Advocate Vs.

State of Odisha & Ors.

.....

Opposite Parties Mr. A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY

ORDER

14.12.2022 Order No.

This matter is taken up through Hybrid mode.

2.

Heard Mr. B.K. Parida on behalf of Mr. S. Sahoo, learned counsel appearing for the petitioner and Mr. A.K. Mishra, learned Additional Government Advocate appearing for the State-opposite parties.

3.

The petitioner has filed this writ petition seeking to quash the letter dated 20.07.2011 under Annexure-7 issued by the Government of Orissa, Law Department.

4.

Mr. A.K. Mishra, learned Additional Government Advocate appearing for the State-opposite parties contended that notification was issued in 2011, which has been challenged by the petitioner by filing the writ petition in 2016, after a lapse of five years. Therefore, the writ petition suffers from delay laches. 5.

As it appears, the impugned notification has been issued in

the year 2011 and the writ petition has been filed in 2016 and in the meantime 5 years have passed. Therefore, the writ petition suffers from delay and laches.

3.

In that view of the 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). 4.

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

Alok (DR. B.R. SARANGI) JUDGE (B. P. SATAPATHY) JUDGE