The Single Bench dismissed an application for condonation of delay in preferring a review petition due to a 252-day lapse without a proper explanation, relying on Supreme Court precedents holding strict limitations on State parties.
The application for condonation of delay was dismissed, leading to the dismissal of the review petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET No.364 of 2023
State of Odisha & Ors.
…. Petitioners
Mr. A. Behera, ASC
-versus-
Satyashri Mohapatra
…. Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
Order No. 04.
ORDER
11.12.2023
I.A. No.359 of 2023
This matter is taken up through hybrid mode.
Page 1 of 3
delay.
“12) It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved including the prescribed period of limitation for taking up the matter by way of filing a special leave petition in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us.
Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.
Page 2 of 3
to considerable degree of procedural red tape in the process. The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. Considering the fact that there was no proper explanation offered by the Department for the delay except mentioning of various dates, according to us, the Department has miserably failed to give any acceptable and cogent reasons sufficient to condone such a huge delay. Accordingly, the appeals are liable to be dismissed on the ground of delay.”
(S. K. MISHRA)
JUDGE
Banita
Signature Not Verified
Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 12-Dec-2023 18:32:32
Page 3 of 3
1 issue framed by the court
Whether the application for condonation of delay in filing a review petition deserves to be allowed given the excessive delay and lack of plausible explanation?
Colour shows how this judgement treated each authority
Office of the Chief Post Master General & Ors. vs. Living Media India Ltd. & Anr.Explained¶18
Office of the Chief Post Master General & Ors. Vrs. Living Media India Ltd. & Anr._ (2012) 3 SCC 563 · Who else cites this
State of Odisha vs. Surama Manjari DasFollowed
State of Odisha Vrs. Surama Manjari Das_ (W.P.(C) No.15763 of 2021
The State of Madhya Pradesh vs. BherulalFollowed
The State of Madhya Pradesh Vrs. Bherulal_ , reported in 2020 SCC Online SC 849 · Who else cites this
3 provisions across 2 enactments
State of Odisha
Satyashri Mohapatra
Sanjay Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
