The court dismissed a writ petition as an alternative forum under the Odisha Survey and Settlement Act was available. Liberty was granted to file a revision. Guidelines were issued for condonation of delay under the Limitation Act.
Liberty to file an appropriate revision within fifteen days; directions for condonation of delay procedure.
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W.P.(C) N0.5533 of 2017
01.12.2017. This Court is not inclined to entertain the writ petition as an alternative effective
forum under Section 15(b) of the Odisha Survey and Settlement Act, 1958 is available to the pe
titioner.
Accordingly, the writ petition is disposed of giving liberty to the petitioner to file
appropriate revision before the concerned Commissioner within a period of fifteen days. On suc
h event, the concerned Commissioner shall do well to dispose of the same as expeditiously as
possible.
If the limitation prescribed for preferring revision has expired, the petitioner may fi
le an application for condonation of delay under Section 5 of the Indian Limitation Act, which
shall be considered and disposed of after issuing notice to the opposite party. It is observe
d that while considering the application for condonation of delay, the learned Commissioner sh
all keep in mind the principles enunciated by the Honble Supreme Court in the case of Collect
or, Land Acquisition, Anantnag and another v. Mst. Katiji and others; AIR 1987 SUPREME COURT 1
353.
If any application for interim order is filed, the same may also be considered and
disposed of by the learned Commissioner.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra,J.
2
3 issues framed by the court
Whether a writ petition is maintainable when an alternative effective statutory forum exists.
Principles governing condonation of delay in filing revisions under the Limitation Act.
Proper procedure for considering an application for condonation of delay by the Commissioner.
Colour shows how this judgement treated each authority
Collector, Land Acquisition, Anantnag and another v. Mst. Katiji and othersExplained¶4
AIR 1987 SUPREME COURT 1353 · Who else cites this
2 provisions across 2 enactments
S.K.Mishra
As recorded by the court registry
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