Single Judge directed the Sub-Collector to accept the petitioner's Form-II return and condone delay within four weeks, relying on prior Division Bench and Single Judge orders.
Direction to accept Form-II return and condone delay if filed within four weeks.
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W.P.(C) No.21686 of 2015
07.12.2015
Heard learned counsel for the petitioner and learned counsel for the State.
Prayer in the writ petition is for a direction to the Sub-Collector, Koraput-o
pposite party no.3 to accept Form-II as per Regulation 3(B) of Regulation 2 of 1956.
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 a direction that in
the event the petitioner files the Form-II return along with a petition for condonation of de
lay within a period of four weeks from today before the opposite party no.3, the same shall be
accepted and the delay be condoned. In the event the opposite party no.3 proposes to initiate
any proceeding against the petitioner under Regulation 3(B) of the Orissa Regulation-2 of 195
6, the return filed by the petitioner shall be taken into consideration.
Dr. A.K.Rath, J.
2 issues framed by the court
Whether the Sub-Collector is directed to accept Form-II return filed by the petitioner.
Whether delay in filing the Form-II return can be condoned.
Colour shows how this judgement treated each authority
Division Bench of this Court in W.P.(C) No.11562 of 2009Referred¶3
W.P.(C) No.11562 of 2009
W.P.(C) No.19846 of 2014Referred¶3
W.P.(C) No.19846 of 2014
2 provisions across 2 enactments
Petitioner
Sub-Collector, Koraput
State
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court