Still Wasn’t A Learning Process For State: SC While Dismissing Odisha's SLP Filed With Delay Against HC's Order Refusing To Condone Delay
The Supreme Court on Tuesday dismissed a Special Leave Petition (SLP) preferred by the State of Orissa, assailing the judgment and order passed by the Orissa High Court, which had dismissed a writ petition on account of two years and three months delay in filing. The SLP itself was filed with a delay of 182 days.
“The matter was delayed by two and a half years in filing before the High Court and thus rejected on the ground of delay and laches. That was still not a learning process for the State as they have come before this Court after a delay of 182 days!”, observed a bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia.
AOR Gaurav Khanna appeared for the petitioner. The writ petition before the High Court was filed on February 5, 2020 assailing an order dated November 3, 2017.
Therefore, as the petition suffered from delay and laches, a bench of Justice Dr. B.R. Sarangi of the Orissa High Court had observed, “In that view of the matter, this Court is not inclined to entertain this Writ Petition at this belated stage, as the same suffers from delay and laches, in view of the judgment/order of this Court in the case of State of Odisha v. Surama Manjari Das (W.P.(C) No. 15763 of 2021 dismissed on July 16, 2021)”.
Accordingly, the Supreme Court bench dismissed the petition on the ground of delay as well as on merits.“ It is not a reflection on the merits of the controversy as before both the Courts, it relates to an aspect of delay”, the order further read.
Cause Title: The State Of Odisha & Ors. v. Ajay Kumar Sahoo & Ors.
Click here to read/download the Order
