Single Judge disposed of a writ petition by directing the Sub-Collector to accept the petitioner's Form-2 return filed within four weeks with a condonation of delay prayer, ensuring the return is considered even if proceedings are initiated.
Direction to accept Form-2 return filed within four weeks with condonation of delay.
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W.P.(C) No.19995 of 2015
17.11.2015 Though this matter was not in todays list, on being mentioned the same is take
n up along with W.P.(C) No.19991 of 2015.
The prayer in the writ petition is for a direction to the Sub-Collector, Korap
ut, opposite party, to accept the Form as per Regulation 3-B of Regulation 2 of 1956.
Heard learned counsel for the petitioner and learned Additional Government Adv
ocate for the State-opposite party.
An identical matter came up for consideration before this Court in W.P.(C) No.
19846 of 2014. A single Judge of this Court relying on the order dated 09.05.2011 passed by a
Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the authorities to accept th
e return of the petitioner.
In view of the same, the writ petition is disposed of with the direction that
in the event the petitioner files the Form-2 return along with a petition for condonation of d
elay within a period of four weeks from today before the opposite party, the same shall be acc
epted and the delay be condoned. In the event opposite party proposes to initiate any proceedi
ng against the petitioner under Regulation 3-B of the Orissa Regulation-2 of 1956, the return
filed by the petitioner shall be taken into consideration.
Free copy of this order be handed over to learned Additional Government Advoca
te.
.......
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the Sub-Collector must accept the petitioner's Form-2 return filed along with a petition for condonation of delay.
Petitioner
Sub-Collector, Koraput
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court