Petitioner challenged illegal orders and a notice auctioning their leased stone quarry. The court allowed withdrawal with liberty to file an appeal before the Appellate Authority, granting relief from coercive action for four weeks.
Liberty to file an appeal before the Appellate Authority; no coercive action against petitioner for four weeks.
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W.P.(C) No.4443 of 2013
Heard learned counsel for the parties.
By way of this writ petition, the petitioner has challenged the illegal, arbitrary and unlawful order/notice dated 02.01.2013 and 16.02.2013 issued by the Tahasildar, Shamakhunta directing the petitioner not to lift minor minerals from the stone quarry leased out in his favour much before the lease period is over and also demanding heavy amount towards extra royalty. The petitioner has also challenged the notice dated 19.01.2013 issued by the said Tahasildar putting the said stone quarry to auction for which a date has already been fixed.
Petitioner has an alternative remedy of filing appeal against the impugned orders.
In view of the above, learned counsel for the petitioner seeks permission to withdraw this writ petition with liberty to file an appeal before the Appellate Authority. Granting such liberty, the writ petition is disposed of as withdrawn.
In the event the petitioner approaches the Appellate Authority by filing an appeal along with an application for condonation of delay within a period of four weeks from today, the Appellate Authority shall take into consideration all the contentions raised by the petitioner. While considering the prayer for condonation of delay, the Appellate Authority shall also take into consideration the period of pendency of this writ petition, i.e. from 23.02.2013 till today, for approaching the wrong forum under bona fide mistake in view of Section 14 of the Limitation Act. For a period of four weeks from today, no coercive action shall be taken against the petitioner.
2
The original documents filed by the petitioner may be returned after substituting attested photo copies thereof.
Urgent certified copy of this order be granted on proper application.
All connected Misc. Cases/I.As, if any, are accordingly disposed of.
……..………………… K.S. JHAVERI (CHIEF JUSTICE)
akk
……..…………………… K.R. MOHAPATRA (JUDGE)
1 provisions across 1 enactments
Petitioner
Tahasildar, Shamakhunta
K.S. JHAVERI
K.R. MOHAPATRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
