In this writ petition, the court directed the respondent court to accept the petitioner's memorandum of appeal within one week, noting the surprise at its initial non-acceptance. The writ petition was disposed of with this directive.
Direction to accept the memorandum of appeal and decide it as appropriate in law.
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W.P.(C). No.17225 of 2016
04.10Heard Mr.2016D.Choudhury , learned counsel for the petitioner and Mr.S. Dash, learned Addi
tional Government Advocate for the State-Opp. parties.
This Writ petition has been filed seeking a direction to Opp. party No.2 for accepting
an appeal being presented at the instance of the petitioner. Mr.Dash, learned State counsel s
ubmitted that since the appeal is not entertainable, the Opp. party No.2 has rightly refused t
o accept the appeal. Be that as it may, it has to be considered whether an appeal is entertain
able or not but such a decision can only be taken only after receiving the copy of memorandum
of appeal. This Court finds surprise in non-acceptance of the memorandum of appeal by the Opp.
party No.2.
Under the circumstances, while disposing this writ petition, this Court directs the Op
p. party No.2 to accept the memorandum of appeal to be submitted by the petitioner within a pe
riod of one week hence and to pass order as appropriate in accordance with law thereafter invo
lving the parties to the appeal.
Writ petition stands disposed with the observation and direction made hereinabove.
Urgent certified copy of this order be granted on proper application.
Biswanath Rath, J.
2
1 issue framed by the court
Whether the respondent court was justified in refusing to accept the memorandum of appeal filed by the petitioner.
Petitioner
Opp. party No.2
Biswanath Rath
As recorded by the court registry
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