The State Of Odisha vs. Mihir Kumar Parida

COURT NO.9

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 29165/2023

(Arising out of impugned judgment and order dated 07-09-2022 in WP(C) No. 2920/2016 passed by the High Court of Orissa at Cuttack)

THE STATE OF ODISHA & ORS.

Petitioner(s)

VERSUS

PRAMOD KUMAR BEHURA & ORS.

Respondent $(s)$

(IA No. 147259/2023 - CONDONATION OF DELAY IN FILING IA No. 147261/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 163989/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 147265/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES) Date: 25-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE SANJAY KAROL Mr. Tushar Mehta Ld Solicitor General For Petitioner(s) Ms. Samapika Biswal Aor, Adv. Mr. Digvijay Dam, Adv. Ms. Samapika Biswal, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following

ORDER

Mr. Tushar Mehta, learned SG would draw attention of the Court to the order passed by this Court on 28.04.2023 in SLP (Civil) Diary No. 7871 of 2023 issuing notice in the Special Leave Petition as well as on the delay condonation application and points out that hough, earlier on 05.04.2023, the SLP (Civil) Diary No. 9259 of $\frac{10.06.52}{\text{Res}}$ was dismissed, the present case should follow the fate of the order passed later on 28.04.2023.

1

2. On 28.04.2023, when notice was issued in the SLP (Civil) Diary

No. 7871 of 2023, the following order was passed:

"Mr. Kiran Kumar Patra, learned counsel appearing for the petitioners would submit that when the High Court entertained and admitted the writ petition on 02.08.2019 and stayed the order of the Tribunal and posted the writ petition for hearing, the High Court should not have dismissed the very same writ petition under the impugned order on the ground of delay and latches. It is the submission of the counsel that if there was any delay, the same would stand condone by the unconditional admission of the writ petition by the High Court on 02.08.2019.

Issue notice on the application of condonation of delay as well as on the Special Leave Petition."

3. Issue notice on the Special Leave Petition as also on the application for condonation of delay.

(NITIN TALREJA) (KAMLESH RAWAT)

COURT MASTER (SH) ASSISTANT REGISTRAR