The court disposed of the writ petition directing the Sub-Collector, Malkangiri, to accept the petitioner's Form-2 return and condone delay if filed within four weeks, referencing an identical earlier decree.
Direction to the Sub-Collector, Malkangiri to accept the petitioner's Form-2 return and condone delay if filed within four weeks.
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WPC No.26725 of 2011
3 16.01.2019 Heard learned counsel for the petitioner and learned counsel for the State.
The prayer in the writ petition is for a direction to the Sub-Collector, Malkangiri, opposite party no.3, to accept return as per Regulation 3(B) of Regulation 2 of 1956.
An identical matter came up for consideration before this Court in W.P.(C) No.19846 of 2014. A Single Judge of this Court relying on the order dated 09.05.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the authorities to accept the return of the petitioner.
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In view of the same, the writ petition is disposed of with the direction that in the event the petitioner files Form-2 return along with a petition for condonation of delay within a period of four weeks from today before the opposite party no.3, the same shall be accepted and the delay be condoned. In the event opposite party no.3 proposes to initiate any proceeding against the petitioner under Regulation 3(B) of the Orissa Regulation2 of 1956, the return filed by the petitioner shall be taken into consideration.
Dr.A.K.Rath,J
2
1 issue framed by the court
Whether the Respondents are directed to accept the Form-2 return filed by the petitioner with condonation of delay.
Petitioner
State
Sub-Collector, Malkangiri
Dr.A.K.Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
