State Of Odisha v. Dr. Rajendra Kumar Dash

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 29024 of 2021 State of Odisha .....

Petitioner Mr. A.K. Mishra, AGA Vs.

Dr. Rajendra Kumar Dash and others .....

Opposite Parties Mr. S. Routray, Advocate

CORAM:

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

ORDER

07.04.2022 Order No.

02.

This matter is taken up through hybrid mode.

2. Heard Mr. A.K. Mishra, learned Additional Government Advocate for the State-petitioner and Mr. S. Routray, learned counsel for the opposite party.

3.

The State-petitioner has filed this writ petition challenging the order dated 18.10.2016 passed by Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 3365 (C) of 2009. 4.

Learned counsel for the opposite party contended that the petitioner has approached this Court at a belated stage, i.e. on 17.09.2021 challenging the order of the tribunal dated 18.10.2016, for which the writ petition should not have been entertained. 5.

Mr. A.K. Mishra, learned Additional Government has not satisfied this Court by showing the pleadings in the writ petition as to why the State has approached this Court after about five years of the order passed by the Tribunal. Therefore, this writ petition suffers from delay and laches. In absence of any cogent reason for the delay in approaching this Court and 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), this Court is not inclined entertain the writ petition.

6.

Accordingly, the writ petition stands dismissed. Arun/ Bichi (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE