STATE OF ORISSA Vs. PRAFULLA KU. SWAIN

JUDGEMENT

(1.) AGGRIEVED by and dissatisfied with the order dated 17.12.2008 passed by the learned Single Judge in W.P.(C) No. 17622 of 2008, the State of Orissa has preferred the Letters Patent Appeal. Since there was delay of 956 days in filing the appeal, the instant application under Section 5 of the Limitation Act has been filed for condonation of delay.

(2.) HEARD Mr. R.K. Mohapatra, learned Government Advocate for the petitioner.

(3.) THAT it would be relevant to state that the petitioner being the 'State', had no obtain opinion from several quarters before filing the present writ appeal and due to such administrative exigencies, the present writ appeal is being filed today and there has been some delay in filing the same. It is humbly submitted that the said delay is not deliberate and the same is bona fide in nature. In this context, the decision of the Hon'ble Supreme Court in the case of State of Haryana v. Chandra Mani, reported in : (1996) 3 SCC 132 may kindly be taken note of wherein the Hon'ble Supreme Court has been pleased to observe as follows: - -