The High Court disposed of a writ petition seeking a direction to accept the petitioner's Form return. The court directed authorities to accept the Form-2 return with a condonation of delay petition within four weeks.
Directed authorities to accept the Form-2 return with condonation of delay application within four weeks.
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W.P.(C) No.3798 of 2016
03.03.2016
The prayer in the writ petition is for a direction to the Sub-Collector, Korap
ut, opposite party no.3, 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 no.3, the same shall b
e accepted and the delay be condoned. In the event opposite party no.3 proposes to initiate an
y proceeding against the petitioner under Regulation 3-B of the Orissa Regulation-2 of 1956, t
he return filed by the petitioner shall be taken into consideration.
Free copy of this order be handed over to learned Additional Government Advoca
te for the State-opposite party.
.......
Dr.A.K.Rath, J.
2
1 issue framed by the court
Whether the Form return filed by the petitioner should be accepted and delay condoned.
Petitioner
Sub-Collector, Koraput
State
Dr. A.K. Rath
As recorded by the court registry
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