The State Of Odisha vs. Jayanti Behera
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Order Issued After Hearing
Purpose:
FRESH
Before:
Hon'ble Sanjay Kishan Kaul, Hon'ble Sudhanshu Dhulia
Stage:
FRESH (FOR ADMISSION) - CIVIL CASES
Remarks:
Dismissed on ground of delay
Listed On:
25 Aug 2023
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
ITEM NO.6 COURT NO.2 SECTION XI-A
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 24110/2023
(Arising out of impugned final judgment and order dated 07-04-2022 in WP(C) No. 10929/2021 passed by the High Court Of Orissa At Cuttack)
THE STATE OF ODISHA & ORS. Petitioner(s)
VERSUS
JAYANTI BEHERA & ORS. Respondent(s)
( IA No.164739/2023-CONDONATION OF DELAY IN FILING and IA No.164742/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.164741/2023-CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS )
Date : 25-08-2023 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE SUDHANSHU DHULIA
| For Petitioner(s) | Mr. Subhasish Mohanty, AOR |
|---|---|
| Ms. Ratnapriya Pradhan, Adv. | |
| Mr. Rakesh Mishra, Adv. |
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Whatever be the merits of the matter, the petitioner-State has been non-suited on the ground that the writ petition assailing the order of the Digitally signed by Charanjeet Kaur Date: 2023.08.29 09:28:36 IST Reason: Signature Not Verified
Tribunal was filed with a delay of two years. That is the only ground for rejection. The matter does not end at this since the present special leave petition is also filed with a delay of 341 days. The net effect is that the petitioner-State is seeking to rake up the issue after more than three years.
We have commented adversely on many occasions on States not taking recourse to legal remedy within the time stipulated under the Limitation Act or the reasonable period of time and these matters are brought to this Court only to invite dismissals. We categorized such matters as "certificate cases". In the cases of State of Madhya Pradesh & Ors. vs. Bheru Lal (SLP [C] Diary No. 9217/2020 decided on 15.10.2020, The State of Odisha & Ors. Vs. Sunanda Mahakuda (SLP[C] Diary No. 22605/2020 decided on 11.01.2021 and various other cases, we dismissed such kind of petitions with costs for wastage of judicial time. This is one more "certificate cases".
The special leave petition is, therefore, dismissed on the ground of delay with cost of Rs. 10,000/- on the petitioner(s), to be deposited with the Himachal Pradesh Chief Minister's Relief Fund within four weeks, to be recovered from the officer(s) who is/are responsible for the delay, apart from any other action which they may like to
2
take against the Officer(s).
Pending application stands disposed of.
[CHARANJEET KAUR] [POONAM VAID] ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)