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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 11139 of 2009

Dr. Gour Popal Mohanty

…..

Petitioner

Mr. K.P. Mishra, Advocate

Vs.

State of Orissa & Anr.

…..

Opposite parties

State Counsel

CORAM:

DR. JUSTICE B.R. SARANGI

MR. JUSTICE B.P. SATAPATHY

ORDER

06.01.2023

Order No.

5

This matter is taken up through hybrid mode.

2.

Heard Mr. K.P. Mishra, learned Senior Counsel

appearing for the petitioner.

3.

In response to order dated 21.12.2022, Mr. K.P. Mishra,

learned Senior Counsel appearing for the petitioner states that

reasons for delay in filing the writ petition have been

explained in paragraph-3.15 of the writ petition, which is

extracted hereunder:

“3.15. That consequent upon disposal of the

aforesaid W.P.(C) No.14780/2004, the Petitioner

consulted with Mr. Subha Bikash Panda, Advocate

and instructed him to draft a fresh writ petition. Mr.

Panda, upon perusal of the available records,

sought for some more documents in detail, which were

handed over to him in the month of August 2005 and

Mr. Panda assured early drafting of the writ

petition. Thereafter, the Petitioner went to Sri

Aurobindo Ashram at Pondicherry to look after his

ailing and aged mother and under the stress of

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circumstances had to stay there till his mother passed

away in the month of August 2006. After the demise

of his mother, the Petitioner himself suffered from

physical ailments and passed through a terrible phase

of trauma, from which he could recover only in the

month of September 2007. Thereafter, the Petitioner

came back to Cuttack and in the month of October

2007, contacted with Mr. Panda, Advocate

regarding drafting of the petition. Mr. Panda

expressed his inability on the plea of missing of the

records from his chamber and in the process,

there was delay caused in the matter. Now, in the

current month of June 2009 on dtd.15.06.2009, Mr.

Panda, Advocate intimated the Petitioner that he

has found the records, which were misplaced in his

chamber and sought assistance of the Petitioner in the

matter of drafting of the writ petition. The Petitioner

immediately rushed to Mr. Panda, Advocate and

gave necessary assistance and then, the instant

writ petition was drafted by Mr. Panda, Advocate

on dtd. 15.06.2009”.

3.

This Court is not satisfied with the reasons assigned in

paragraph-3.15 of the writ petition. Therefore, the writ

petition suffers from delay and laches. Accordingly, the same

is dismissed.

Alok

(DR. B.R. SARANGI)

JUDGE

(B.P. SATAPATHY)

JUDGE