Allowed

Anupama Biswal v. State of Odisha

Orissa HC3 Aug 2017WP(C)/14845/2017

Case brief

AI extract

What is this about?

The Court directed the Sub-Collector to accept a condonation of delay application (Form No.II) filed by the petitioner. The Court relied on a batch of writ petitions where it had previously held that authorities should accept such returns.

What did the court decide?

Directs the Sub-Collector to accept Form No.II with a limitation application within four weeks and condone delay if the land matches the sale deed.

Anupama Biswal Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2017)

¶1

W.P.(C)No.14845 of 2017

¶2

3.08.2017

¶3

 Heard.

¶4

 In this writ application the petitioner has prayed for a direction to the Sub-Collecto
r, Kaptipada-Udala, Dist.-Mayurbhanj-opposite party No.3 to accept the Form No.II as per Secti
on 3(B) of the Regulation-II of 1956.

¶5

 Petitioner alleged that non-acceptance of return under Section 3(B) of Regulation-II o
f 1956 runs contrary to the direction of this Court in a batch of Writ petitions. On perusal o
f one such order, this Court finds that identical matters came up for consideration before thi
s Court in W.P.(C) No.10142 of 2015. A Single Bench of this Court relying on the order dated 9
.5.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the auth
orities to accept the return of the petitioner.

¶6

 In view of the above, this Court directs that in the event the petitioner files Form N
o.II along with a limitation application within a period of four weeks from today before the
Sub-Collector, Kaptipada-Udala, Dist.-Mayurbhanj-opposite party No.3, the same shall be accept
ed and the delay be condoned provided the land for which permission was given, covers the land
 indicated in the sale deed executed in favour of the petitioner. In the event, the Sub-Collec
tor, Kaptipada-Udala, Dist.-Mayurbhanj-opposite party No.3 accepts the Form-II and proposes to
 initiate any proceeding against the petitioner under Section 3(B) of the Orissa Regulation 2
of 1956, the return filed by the petitioner shall be taken into consideration.

¶7

 The writ application is accordingly disposed of.

¶8

 Issue urgent certified copy of this order as per rules.

¶9

 ..
 Biswanath Rath, J.

¶10

Anupama Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anupama Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Coram

Case details

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