The single-judge bench of the High Court of Orissa dismissed the writ petition for cause of delay and laches. The court was unsatisfied with the explanations offered regarding the timeline of drafting and filing the petition.
The writ petition was dismissed due to delay and laches.
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 W.P (C) No. 11139 of 2009
Dr. Gour Popal Mohanty
….. Petitioner Mr. K.P. Mishra, Advocate
Vs.
State of Orissa & Anr.
Opposite parties
State Counsel
CORAM:
DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY
ORDER
06.01.2023
Order No.
This matter is taken up through hybrid mode.
5
“3.15. That consequent upon disposal of the aforesaid W.P.(C) No.14780/2004, the Petitioner consulted with Mr. Subha Bikash Panda, Advocate and instructed him to draft a fresh writ petition. Mr. Panda, upon perusal of the available records, sought for some more documents in detail, which were handed over to him in the month of August 2005 and Mr. Panda assured early drafting of the writ petition. Thereafter, the Petitioner went to Sri Aurobindo Ashram at Pondicherry to look after his ailing and aged mother and under the stress of
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circumstances had to stay there till his mother passed away in the month of August 2006. After the demise of his mother, the Petitioner himself suffered from physical ailments and passed through a terrible phase of trauma, from which he could recover only in the month of September 2007. Thereafter, the Petitioner came back to Cuttack and in the month of October 2007, contacted with Mr. Panda, Advocate regarding drafting of the petition. Mr. Panda expressed his inability on the plea of missing of the records from his chamber and in the process, there was delay caused in the matter. Now, in the current month of June 2009 on dtd.15.06.2009, Mr. Panda, Advocate intimated the Petitioner that he has found the records, which were misplaced in his chamber and sought assistance of the Petitioner in the matter of drafting of the writ petition. The Petitioner immediately rushed to Mr. Panda, Advocate and gave necessary assistance and then, the instant writ petition was drafted by Mr. Panda, Advocate on dtd. 15.06.2009”.
Alok
(DR. B.R. SARANGI) JUDGE (B.P. SATAPATHY) JUDGE
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1 issue framed by the court
Whether the reasons provided for the delay in filing the writ petition are sufficient to overcome laches.
Dr. Gour Popal Mohanty
State of Orissa & Anr.
B.R. Sarangi
B.P. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
