Sarat Kumar Barik And Another vs State Of Odisha And Ors

I.A. No.715 of 2021 & W.A. No.261 of 2021

This is an application seeking condonation of delay in filing the writ appeal against the order dated 22nd January, 2019 of the learned Single Judge in W.P.(C) No.24473 of 2012. There is no indication in the present application when the Appellants applied for the certified copy of the impugned order and when it was made available to the Appellants. Considering that the present appeal was filed only on 22nd March, 2021, it was incumbent upon the Appellants to convincingly explain the inordinate delay in filing the appeal. The averments in this regard in paras 3 to 6 of the present application read as under:

"3. That the petitioners were also not meet with their advocate on account of Covid-19 pandemic as there was lockdown or shut down, they did not contact with their advocate and case was not filed in right time.

That when technicality pitted with substantial question of law shall be prevailed and this is fit case where the petitioners of writ appeal can adjudicate their grievance if the limitation petition is allowed and delay since 22.1.2019 to 21.3.2021 is allowed.

That  the  petitioners  are  also  till  continuing  in Yardman post as and the Hon'ble Court in Annexure-5 vide W.P.(C) 8049/21 was pleased to order in I.A.3699/21 arising out of W.P.(C) 8049/21. As an interim order/measure this court directs in the event petitioners are still continuing in the posts the position of the petitioners as on date shall be maintained till the next date of listing.

That the petitioners have a prima facie case to succeed on merit. So the delay as accorded from 22.1.19 to 21.3.2021 may be condoned."

The above explanation is totally vague and unconvincing and in fact indecipherable. In other words, there is no satisfactory or convincing explanation for the inordinate delay in filing the appeal.

The application is dismissed. Consequently, the writ appeal is also dismissed.

An urgent certified copy of this order be issued as per rules.

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