Allowed

Rohit Ganga Deb v. Collector,Deogarh

Orissa HC17 Dec 2020WP(C)/19717/2016

Case brief

AI extract

What is this about?

Application seeking modification of a writ petition disposal order to grant liberty to pursue a pending Revision case before the Revenue Divisional Commissioner, Sambalpur, following the resumption of court work.

What did the court decide?

The order dated 14.02.2020 is modified to grant liberty to pursue Revision Case No.1 of 2017 before the Revenue Divisional Commissioner, Northern Division, Sambalpur.

Rohit Ganga Deb Vs Collector,Deogarh — Orissa HC (2020) — LawSathi Research

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W.P.(C) No. 1 19717 of 2016

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IA No.3788 of 2020

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17.12.2020

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Due to outbreak of COVID-19, this matter is taken up through Videoconferencing.

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This is an application for modification of order dated 14.02.2020 passed by this Court by which the writ petition, i.e., W.P.(C) No.19717 of 2016 was disposed of.

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Mr.Kousik Ananda Guru, learned counsel for the petitioner submits that assailing the order dated 04.11.2016 (Annexure-2) passed by Sub-Collector, Deogarh in OLR Appeal No.3 of 2014, the petitioner had moved this Court in W.P.(C) No.19717 of 2016. Although petitioner had filed Revision Case No.1 of 2017 before the learned Revenue Divisional Commissioner (Northern Division), Sambalpur, assailing the order under Annexure-2, but at the relevant time, there was ‘cease work’ called out by local Bar. Hence, the Revision petition could not be taken up for which the petitioner was constrained to file this writ petition. The writ petition was disposed of on 14.02.2020 with the following direction.

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“5. Taking into consideration the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case of either side, and taking note of the fact that the petitioner is not in a position to move the

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Revision stated to have been filed before the Revenue Divisional Commissioner (Northern Division), Sambalpur, disposes of the writ petition with a direction that in the event petitioner files an application before the Revenue Divisional Commissioner (Northern Division), Sambalpur for transfer of case records in Revision Case No.1 of 2017, stated to be pending before him, he shall forthwith transfer the same to the Revenue Divisional Commissioner (Central Division), Cuttack.”

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It is further submitted by Mr.Guru, learned counsel for the petitioner that in the meantime lawyers of local Bar have joined the work and the Court of Revenue Divisional Commissioner (Northern Division) Sambalpur is functioning normally. The petitioner, therefore, did not file any petition as directed, for transfer of the Revision. Hence, he prays for suitable modification of order dated 14.02.2020 passed in this writ petition and to grant him liberty to pursue the Revision Case No.1 of 2017 before the Revenue Divisional Commissioner (Northern Division) Sambalpur before whom it is pending.

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Accordingly, it is directed that the petitioner is at liberty to move the Revenue Divisional Commissioner (Northern Division) Sambalpur for early disposal of OLR Case No.1 of 2017 stated to be pending before him.

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5.1 Order dated 14.02.2020 is modified to the above extent.

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The I.A. stands disposed of with the aforesaid observation.

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6.1 Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.

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…………………………..

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K.R. Mohapatra, J.

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Rohit Ganga Deb v. Collector,Deogarh

Case brief

What is this about?

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Rohit Ganga Deb v. Collector,Deogarh

Case brief

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