State Of Orissa And Others vs Sridhar Prasad Jena

I.A. No.5128 of 2023

This matter is taken up through Hybrid mode.

Heard Mr. Manoja Kumar Khuntia, learned Additional Government Advocate (AGA) appearing for the Applicants/ Appellants.

This is an application for dispensing with the filing of the certified copy in preferring the intra-Court appeal challenging the order dated 21st December, 2022 passed by the learned Single Judge in W.P.(C) No.5469 of 2022.

We find no difficulty in dispensing with the filing of the certified copy of the impugned judgment dated 21st December, 2022 for filing the memorandum of appeal. However, Mr. Khuntia, learned AGA has submitted that in the meanwhile, the Appellants have filed the certified copy of the impugned judgment.

Accordingly, this interlocutory application stands allowed and disposed of.

I.A. No.5126 of 2023

Heard Mr. Manoja Kumar Khuntia, learned Additional Government Advocate (AGA) appearing for the Applicants/ Appellants.

This is an application under Section 5 of the Limitation Act, filed by the Applicants/Appellants for condoning the delay of 201 days, according to the Stamp Report, in filing the intra-Court appeal challenging the order dated 21st December, 2022 passed by the learned Single Judge in W.P.(C) No.5469 of 2022.

Issue notice to the Opposite Party as to why the aforementioned delay shall not be condoned or any other order(s) as deemed fit and proper shall not be passed in the circumstances of the case.

Since Mr. Arun Kumar Acharya, learned counsel appears and accepts notice on behalf of the Respondent, no formal notice is called for.

Mr. Acharya, learned counsel prays for a short accommodation for filing the objection. The prayer stands allowed.

Let the matter be listed on 16th October, 2023. In the meanwhile, the Respondent shall file his objection, if any, as no further accommodation will be made by this Court.

I.A. No.5127 of 2023

Heard Mr. Manoja Kumar Khuntia, learned Additional Government Advocate (AGA) appearing for the Applicants/ Appellants.

This is an application filed by the Applicants/Appellants for staying the operation of the impugned judgment dated 21st December, 2022 passed by the learned Single Judge in W.P.(C) No.5469 of 2022 which is challenged in the intra-Court appeal being W.A. No.1897 of 2023.

Issue notice. Since Mr. Arun Kumar Acharya, learned counsel appears and waives notice on behalf of the Opposite Party, no formal notice is called for.

Let the matter be listed on 16th October, 2023. In the meanwhile, the Respondent shall file his objection, if any, as no further accommodation will be made by this Court.

Mr. Manoja Kumar Khuntia, learned AGA is directed to supply copies of all the interlocutory applications along with the memorandum of appeal to Mr. Acharya, learned counsel appearing for the Respondent.

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