Villagers,Padmapur v. State

W.P.(C) No. 14807 of 2004

1. 02.08.2019

Heard learned counsel for the parties.

By way of this writ petition in the nature of Public Interest Litigation, the petitioner has challenged the action of opposite parties in settling the communal and forest land meant for the villagers in favour of third party in a proceeding under Section 12 of the Orissa Consolidation of Holding and Prevention of Fragmentation of Land Act, 1972 (for short ‘OCH & PFL Act’) without affording any opportunity of hearing to the villagers of Padmapur.

In view of the assertion made in the preliminary counter affidavit filed by opposite parties 6 and 7, the petitioner has alternative remedy of revision. Hence, this writ petition filed in the nature of Public Interest Litigation is not maintainable.

However, it will be open for the petitioner to file a revision before the appellate authority within a period four weeks hence. If the petitioner approaches the revisional authority by filing revision along with an application for condonation of delay within a period of four weeks from today, the revisional authority shall take into consideration all the contentions raised by the petitioner. While considering the prayer for condonation of delay, the revisional authority shall also take into consideration the period of pendency of this writ

petition, i.e. from 29.12.2004 till today, for approaching the wrong forum under bona fide mistake.

This writ petition is accordingly disposed of.