Sabya v. D.M.,O.F.D.C.
Case brief
What is this about?
The Court dismissed the extraordinary criminal application regarding recovery of Rs. 7,000/-, holding the matter sub judice in another petition. An interim order from 1994 was vacated.
What did the court decide?
Writ petition dismissed; petitioner permitted to pursue W.P.(C) No. 1784 of 2007. Interim order of 09.05.1994 vacated.
What the court decided
OJC No. 1459 of 1994
- 15.07.2019
None appears for the petitioner at the time of call. Mr. S.K. Pattnaik, learned Senior Counsel appearing along with Mr. P.K. Pattnaik, learned counsel for the opposite parties.
Since it is a matter of 1994 and in the meantime 24 years have passed, this Court is not inclined to grant further adjournment in the matter.
Perused the record. As against recovery of Rs.7,000/-, by the time the interim order was passed, Rs.3,000/- has already been recovered. For the balance amount of Rs.4,000/-, which is lying against the petitioner, the same has been challenged in another writ petition bearing W.P.(C) No. 1784 of 2007, therefore, the relief sought in the present application cannot sustain in the eye of law.
In that view of the matter, the present writ petition is dismissed permitting the petitioner to pursue the W.P.(C) No. 1784 of 2007.
Interim order passed on 09.05.1994 stands vacated. Issue urgent certified copy as per rules.
......…………………….. Dr. B.R. Sarangi, J.
Ajaya
Parties & counsel
- petitioner
Ajaya
- respondent
Opposite Parties
Coram
Dr. B.R. Sarangi
Case details
As recorded by the court registry
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