State of Odisha v. Subhrajeet Rout

Orissa HC26 Apr 2024WA/1137/2023

Case brief

AI extract

What is this about?

Keywords: condonation of delay; 175 days; intra-Court appeal; writ appeal; WA No.1137 of 2023; I.A. No.2943 of 2023; W.P.(C) No.25603 of 2022; order dated 31.10.2022; Single Judge; no interference; disposed in terms of precedent; State of Odisha & others v. Bindusagar Samantray; W.A. No.810 of 2021 and batch; 25.09.2023; Malaya Nanda Sethy v. State of Odisha; 2022 SCC OnLine SC 684; State of Odisha appellant; Subharajeet Rout respondent; High Court of Orissa at Cuttack; decision date 26.04.2024.

What did the court decide?

Condonation of the 175-day delay granted (I.A. No.2943 of 2023 allowed); writ appeal disposed of in terms of State of Odisha & others v. Bindusagar Samantray with no interference in the impugned Single Judge order dated 31.10.2022 in W.P.(C) No.25603 of 2022; remaining interlocutory applications, if any, disposed of.

State of Odisha Vs Subhrajeet Rout — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the delay of 175 days in preferring the intra-Court appeal (W.A. No.1137 of 2023) should be condoned (I.A. No.2943 of 2023). +1 more

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Court's answer

For the reasons stated in the application, and as the sole contesting respondent's counsel raised no objection, the delay of 175 days in filing the present writ appeal stands condoned; I.A. No.2943 of 2023 is allowed.

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Ratio / Principle

The Court sees no reason to interfere with the impugned order dated 31.10.2022 in W.P.(C) No.25603 of 2022, since that order was passed in the presence of learned State counsel after taking note of the submissions advanced on behalf of the State.

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Key takeaways

As counsel for both sides agree that the sole respondent's case is covered by the coordinate-Bench decision in State of Odisha & others v. Bindusagar Samantray (W.A. No.810 of 2021 and batch, decided 25.09.2023) and by the Supreme Court decision in Malaya Nanda Sethy v. State of Odisha (2022 SCC OnLine SC 684), the present writ appeal stands disposed of in terms of the Bindusagar Samantray decision.ratio¶¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack — WA No.1137 of 2023 (order dated 26.04.2024; signed by Chakradhari Sharan Singh, Chief Justice, and M.S. Raman, Judge). Intra-Court writ appeal by the State of Odisha and others (advocate: M.K. Khuntia, A.G.A.) against Subharajeet Rout (advocate: Satyabrata Satapathy), challenging the learned Single Judge's order dated 31.10.2022 in W.P.(C) No.25603 of 2022. I.A. No.2943 of 2023 seeking condonation of a 175-day filing delay was allowed, the respondent's counsel raising no objection. Counsel on both sides acknowledged that the respondent's case was covered by State of Odisha & others v. Bindusagar Samantray (coordinate Bench, W.A. No.810 of 2021 and batch, decided 25.09.2023) and by Malaya Nanda Sethy v. State of Odisha (2022 SCC OnLine SC 684). Finding no reason to interfere — the impugned order having been passed in the presence of State counsel after noting its submissions — the appeal was disposed of in terms of the Bindusagar Samantray decision, and pending interlocutory applications were likewise disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WA No.1137 of 2023

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…. State of Odisha and others Appellants

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Mr. M.K. Khuntia, A.G.A.

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-versus-

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Subharajeet Rout …. Respondent M/s. Satyabrata Satapathy, Advocate and associates

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CORAM: THE CHIEF JUSTICE MR. JUSTICE MURAHARI SRI RAMAN

ORDER

Order No.

I.A. No.2943 of 2023

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26.04.2024

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This matter is taken up through Hybrid mode.

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This application has been filed by the applicants/appellants seeking condonation of delay of 175 days in preferring the present intra-Court appeal.

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For the reasons stated in this application and the fact that learned counsel appearing on behalf of the sole contesting respondent does not have any objection to the prayer for condonation of delay, the delay of 175 days in filing the present writ appeal stands condoned.

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This application is allowed.

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W.A. No.1137 of 2023

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Heard learned Additional Government Advocate appearing on behalf of the appellants-State and learned counsel for the respondent.

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Page 1 of 2

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In view of what has been observed by the learned Single Judge in the impugned order dated 31.10.2022 passed in W.P.(C) No.25603 of 2022, we see no reason to interfere as the order was passed in the presence of learned State counsel after having taken note of the submissions advanced on behalf of the State.

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Learned counsel representing the parties do not dispute that the case of the sole respondent (writ petitioner) is covered by the decision of a coordinate Bench of this Court in case of State of Odisha & others v. Bindusagar Samantray rendered on 25.09.2023 in W.A. No.810 of 2021 and batch as well as the decision of the Supreme Court in case of Malaya Nanda Sethy v. State of Odisha 2022 SCC OnLine SC 684 .

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In such view of the matter, the present writ appeal stands disposed of in terms of this Court’s decision in case of State of Odisha & others v. Bindusagar Samantray ( supra ).

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Interlocutory applications, if any, stand disposed of.

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(Chakradhari Sharan Singh) Chief Justice

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(M.S. Raman) Judge

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S.K. Guin/P.A.

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 06-May-2024 10:27:15

State of Odisha v. Subhrajeet Rout

Case brief

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State of Odisha v. Subhrajeet Rout

Case brief

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