In a writ petition, the High Court set aside an order dismissing a revision petition for lack of condonation of delay on sufficient cause grounds and directed the Commissioner to hear it on merits.
Order dated 7.7.2018 set aside; Revision dated 18.1.2011 quashed; Commissioner directed to hear on merit by June 2019.
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W.P.(C) No.19757 of 2018
2 11.12.2018
Heard Mr.Mishra, learned Advocate for the petitioner and Mr.S.Mishra, learned Additional Standing Counsel for the State.
Learned Advocate for the petitioner submits that the petitioner has filed R.P.No.25 of 1994 before the Commissioner, Consolidation and Settlement, Orissa for correction of record of right. Since there was delay in filing the application for condonation of delay, the said application was dismissed and consequently revision petition was also dismissed. He further submits that the petitioner was ill and bedridden on the date of hearing for which he could not appear in person. He was prevented by sufficient cause in not appearing before the Commissioner on the date of hearing.
Considering the submissions of the learned counsel for the petitioner, the order dated 7.7.2018 is set aside. Consequently, the order dated 18.1.2011 passed in R.P.No.25 of 1994 dismissing the revision is quashed.
The petition is allowed. The Commissioner, Consolidation and Settlement, Orissa shall hear the revision on merit and dispose of the same by end of June, 2019.
c
……………………… Dr.A.K.Rath, J.
c
1 issue framed by the court
Whether the order dismissing the revision petition due to delay in condonation application should be set aside to enable merits hearing.
2 provisions across 2 enactments
Petitioner
State
Dr.A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
