Allowed the writ petition ex parte due to the Revenue's failure to file a counter affidavit despite multiple adjournments. Annexure-1 and -3 were quashed without going into merits.
Petition allowed; Annexure-1 and Annexure-3 quashed and set aside.
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W.P.(C) No.12658 of 2007
08. 19.12.2018
Heard.
In spite of time was granted on 5.11.2007, 13.12.2007 and
2.1.2008, no counter affidavit has been filed on behalf of the Revenue.
On 5.11.2007 the following order was passed:
“On the request of the learned counsel for the revenue, this matter shall appear on the 2nd week of December, 2007 for admission.
Meanwhile interim order passed earlier shall continue.”
Again on 13.12.2007 the following order was passed:
“On the request of the learned counsel for the revenue, this matter shall appear after the ensuing winter holidays for admission.
Counter if any shall be filed in the meantime.
Meanwhile interim order passed earlier shall continue.”
Again on 2.1.2008 the following order was passed:
“On the request of the learned counsel for the revenue, this matter shall appear on 16th January 2008 for admission.
Meanwhile interim order passed earlier shall continue.”
Without going into the merits of the case, the writ petition deserves to be allowed. Annexure-1 and Annexure-3 are quashed and set aside only on the ground of non-denial of the allegations. It will be for the State Government to come within thirty days by filing reply and serving it to other side for restoration of the matter.
.��..........���� ( K.S. Jhaveri ) Chief Justice
������.��.. ( K.R. Mohapatra ) Judge
-2-
AKK
1 issue framed by the court
Whether the writ petition should be allowed on account of non-denial of allegations by the Revenue.
Petitioner
Revenue
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
