The Single Judge disposed of the writ petition allowing the petitioner, directing the Sub-Collector to accept the Form-2 return with condonation of delay and to consider it in any ensuing proceedings.
Direction to accept Form-2 return with condonation of delay if filed within four weeks; direction to consider return if proceedings are initiated.
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W.P.(C) No.20005 of 2015
17.11.2015 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
2 issues framed by the court
Whether the petitioner is entitled to a direction to accept the Form-2 return with condonation of delay incorporating the view of earlier judgments.
Whether the authorities shall take into consideration the return filed by the petitioner while initiating proceedings under Regulation 3-B.
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