The Supreme Court strongly criticized the State of Odisha for filing an appeal despite being aware that a similar appeal had been dismissed in 2023.

The state government faced scrutiny during a hearing before Justices Abhay Oka and Rajesh Bindal on a vacation bench. The appeal by the State challenged a 2022 decision by the Orissa High Court, which had declined to condone a delay of more than four years in filing a writ petition before it.

The appeal before the top court was also filed with a delay of 512 days.

When the matter was taken up today, Justice Bindal promptly observed that the High Court's decision not to condone the delay appeared justified. When Advocate Saileshwar Yadav, representing the State, mentioned to the Court that a similar appeal had been dismissed by the top court in 2023, Justice Oka responded tersely,

"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 the 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 dismissed the State's appeal and imposed costs of ₹50,000 to be deposited with the Odisha State Legal Services Authority.

During the hearing of another matter today, where an appeal was filed by the Odisha government after a delay, Justice Oka remarked:

"I and my brother are sitting for roughly 4 days now and we have seen a total of 36 appeals from State of Odisha with delay. Is there a practice in State to file appeals with delay only and not before that?" Justice Oka questioned.

"We have to obtain permission from various departments before filing the appeal," the lawyer responded.

The Court eventually condoned the delay and issued notice in the matter, acknowledging that a substantial question of law had been raised.