When the matter was taken up today, Justice Bindal was quick to note that the decision of the High Court not to condone the delay is probably right.
When Advocate Saileshwar Yadav, appearing for the State, informed the Court that a similar appeal was dismissed by the top court in 2023, a miffed Justice Oka said,
“Is it not correct now that the State of Odisha with full intent has filed this appeal even after being well aware that a similar appeal against the decision of High Court not to condone delay was dismissed? Why have you filed a similar appeal?”
“It is the State that is burdening the court unnecessarily. It is not you (the advocate) who is at fault but the ones in the government who authorised this appeal,” Justice Bindal told the lawyer.
The Court eventually proceeded to dismiss the appeal preferred by the State and imposed costs of ₹50,000 to be deposited with the Odisha State Legal Services Authority.
Source: Barandbench
