State Of Odisha v. Pratyusha Rajeswari Singh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No. 556 of 2019 State of Odisha and others ....

Appellants Mr. Debakanta Mohanty, Addl. Govt. Advocate -versusPratyusha Rajeswari Singh ....

Respondent Ms. Deepali Mohapatra, Advocate

CORAM:

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

ORDER

30.11.2022 I.A. No.862 of 2019 02.

1. Since the certified copy of the impugned order of the learned Single Judge was not filed, the stamp reporting could not take place and as a result, the exact number of days of delay was not able to be computed. Nevertheless, it is seen that the impugned order is dated 3rd May, 2018 whereas the date of filing of the present appeal is 23rd October, 2019. Prima facie, therefore, there is more than a year's delay in filing the writ appeal.

2. The present application for condonation of delay merely talks of the routine administrative delays which explanation is not acceptable in view of the pronouncements of the Supreme Court in Chief Post Master General v. Living Media India Ltd. (2012) 3 SCC 563 and State of Madhya Pradesh v. Bherulal (2020) 10 SCC 654. Consequently, the Court is not inclined to condone the delay in filing the writ appeal.

3. The application is dismissed.

W.A. No.556 of 2019

4. Consequently, the writ appeal is dismissed. Nevertheless, it is clarified that the impugned order of the learned Single Judge would obviously be peculiar to the facts of the case and will not constitute a precedent.

(Dr. S. Muralidhar) Chief Justice (M.S. Raman) Judge S.K. Jena/Secy.