This single-judge writ petition sought a directive for the Sub-Collector, Koraput, to accept Form-2 returns and condone delay. Relying on prior precedents, the court directed acceptance of the form and condoned delay within four weeks.
Director so to accept Form-2 return and condone delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.3979 of 2016
04.03.2016
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 for the State-opposite party.
.......
Dr.A.K.Rath, J.
2
2 issues framed by the court
Whether the authorities should accept the petitioner's Form-2 return filed with a petition for condonation of delay.
Whether the petitioner's response should be considered against 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