Gatikrushna Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30901 of 2022 Gatikrushna Biswal ....

Petitioner(s) Mr.B.Bhuyan, Adv.

-versusState of Odisha & Ors.

.

....

Opposite Party(s) Mr.S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

18.11.2022 1.

Heard learned counsel appearing for the parties. Order No.

2.

Undisputedly the impugned order is appealable. Mr. Bhuyan, learned counsel appearing for the petitioner urges this Court on the obstruction in filing appeal by third party and apprehends there may be difficulty in entertainment of the appeal. Keeping in view third party is suffering involving the impugned order and unless adjudication is undertaken, there is likelihood of suffering of the petitioner involving the decision without involvement of the petitioner. 3.

Keeping the grievance of the petitioner in view and for there is clear appeal provision, this Court permits the petitioner to file an application for leave along with application for condonation of delay explaining the reason of such delay along with appeal memo at least within two weeks hence. In the event of filing of such appeal in terms of this Court direction, the appellate authority shall allow the leave application and take appropriate decision of hearing of the limitation matter.

4.

The writ petition stands disposed of with the observation and direction made hereinabove.

(Biswanath Rath) Judge sks