Orissa High Court
WA/302/2024 of STATE OF ODISHA Vs SAMBHU PRASAD DIP on 24 June 2026
HIGH COURT OF ORISSA AT CUTTACK W.A. No.302 of 2024 State Of Odisha & Ors. …. Appellants Mr. S. B. Mohanty, AGA -versus- Sambhu Prasad Dip & Ors. …. Respondents Mr. Prafulla Kumar Mohapatra, Advocate CORAM: JUSTICE KRISHNA S. DIXIT JUSTICE CHITTARANJAN DASH Order No. ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.302 of 2024
State Of Odisha & Ors.
….
Appellants
Mr. S. B. Mohanty, AGA
-versus-
Sambhu Prasad Dip & Ors.
….
Respondents
Mr. Prafulla Kumar Mohapatra, Advocate
CORAM:
JUSTICE KRISHNA S. DIXIT
JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
24.06.2026
02. I.A. No. 821 of 2024
This Intra-Court Appeal is moved by the State and its officials against order of the learned Single Judge. They have brooked a delay of 154 days in filing the appeal and an application in I.A. No.821 of 2024 accompanies the appeal memo, and is supported by an affidavit. Some explanation has been offered for the delay with which we are not fully satisfied. In matters like this we have awarded a cost of ₹20/- per day of delay for favourably considering the request for its condonation.
2. In the above circumstances, application in I.A. No.821 of 2024 having been favoured, delay of 154 days is condoned, subject to Appellants collectively paying a sum of ₹3,080/- (Rupees Three Thousand Eighty only) to the Respondents within three weeks, failing which the Application shall be deemed to have been rejected and as a consequence, the Appeal as well.
The I.A. is disposed of.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash) Judge
03. W.A. No.302 of 2024 This Intra-Court Appeal by the State seeks to lay a challenge to the learned Single Judge’s order dated 31.08.2023 passed in W.P.(C) No.25977 of 2023 whereby the following relief has been bestowed on the Respondents: “9. In view of the above settled position of law, nothing remains to be reconsidered by this Court and Opposite Parties are not permitted to take a ground that since the Petitioner had not approached this Court, he is not entitled to the benefit. Accordingly, the Opposite Parties are directed to consider the case of the Petitioner for grant of all such benefits in favour of the Petitioner in terms of the directions given by the Court as mentioned above as expeditiously as possible, preferably within a period of three months from the date of communication of the certified copy of this order and in the event, the Petitioner is eligible such benefits be paid to him within one month from the date of taking such a decision.
10. With the aforesaid observations/directions, the writ application stands disposed of.,”.
2. The subject matter of the present Appeal is substantially similar to the decision of a Coordinate Bench of this Court in
W.A. No.17 of 2023 between State of Odisha v. Krushna Chandra Mallick heard & decided vide order dated 15.07.2025. In the above circumstances, the Appeal being devoid of merits is liable to be rejected and is accordingly dismissed in limine. The Appellants are directed to implement the order within an outer limit of eight (8) weeks, failing which it shall invite appropriate action. The Registry is directed to send a copy of this order to the Respondents by Speed Post forthwith. No order as to costs. Web copy of order be acted upon by all concerned.
(Krishna S. Dixit)
Judge
(Chittaranjan Dash) Judge
AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 25-Jun-2026 17:05:48 Signature Not Verified