Rajesh v. State
Case brief
What is this about?
In a writ petition challenging a demand under the Orissa Public Demands Recovery Act, 1962, the court rejected the petition's merits due to the availability of an alternative remedy but granted a one-month extension to file an appeal without considering the limitation issue.
What did the court decide?
Direction to file an appeal under Section 60 of the OPDR Act, 1962 within one month without objection regarding delay.
What the court decided
OJC No. 4515 of 1997
02. 25.07.2016 By means of this writ petition, the petitioner is challenging
an order of demand raised by the Tahasildar, Balasore under the Orissa Public Demands Recovery
Act, 1962 (for short, OPDR Act, 1962).
Learned Addl. Government Advocate appearing for the State-opposite parties sta
tes that the petitioner has an alternative remedy of filing an appeal under Section 60 of the
OPDR Act, 1962.
In such view of the matter, we are not inclined to entertain this petition. Ho
wever, considering the fact that the writ petition is pending since 1997, we dispose of the wr
it petition with a direction that in case the petitioner files an appeal before the appellate
authority under the aforesaid provisions of the Act within a period of one month from today al
ong with certified copy of this order, the same shall be considered and decided on merit, in a
ccordance with law, without taking any objection with regard to delay.
The petition is accordingly disposed of.
........
( VINEET SARAN )
CHIEF JUSTICE
( DR. B.R. SARANGI )
JUDGE
dm
Issues for consideration
2 issues framed by the court
Whether a writ petition challenging a demand order under the OPDR Act, 1962, where an alternative remedy exists, can be entertained after a long delay.
Whether the petitioner can file an appeal under Section 60 of the OPDR Act, 1962, without taking objection to the delay in doing so.
Parties & counsel
- petitioner
Petitioner
- respondent
State-opposite parties
Coram
VINEET SARAN
Case details
As recorded by the court registry
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