Petitioner seeks withdrawal of writ petition with liberty to appeal against Tahasildar's mutation order. Court disposes petition, directing appellate authority to decide appeal on merits.
Petition disposed; Sub-Collector directed to dispose appeal on merit if filed.
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.
WPC No.1310 of 2018
3 4.12.2018
Mr. Roy, learned counsel for the petitioner wants to withdraw this petition with a liberty to file an appeal against the order dated 13.10.2017 passed by the Tahasildar, Kaptipada in Mutation Case No.53 of 2015. He submits that a direction may be issued to the appellate authority to dispose of the appeal on merit.
Considering the innocuous prayer, this Court disposes of the petition with an observation that in the event the petitioner files an appeal before the Sub-Collector, Kaptipada, opposite party no.2, along with an application for condonation of delay, the latter shall do well to dispose of the same on merit.
Certified copy of the impugned order vide Annexure-6 be returned to the learned counsel for the petitioner by substituting the photostat copy thereof.
Dr.A.K.Rath, J.
p
Dr. A.K. Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
