Disposed

Binapani Dash v. Member, Board of Revenue, Odisha

Orissa HC13 Jul 2021WP(C)/13377/2021

Case brief

AI extract

What is this about?

The High Court of Orissa, vide order, directed the Member, Board of Revenue, to expedite the impleadment of the Bhubaneswar Municipal Corporation as a party in an existing revision case, considering the petitioners are senior citizens, and disposed of the writ petition.

What did the court decide?

Directed the Member, Board of Revenue to implead Bhubaneswar Municipal Corporation and proceed with the revision expeditiously.

Binapani Dash Vs Member, Board of Revenue, Odisha — Writ and Judicial Review | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 13377 of 2021

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Binapani Dash and others …. Petitioners

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Mr.Sangram Mishra, Advocate

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-versus-

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…. Member, Board of Revenue, Opp. Parties Odisha and others

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Mr.D.K.Mishra, Additional Government Advocate

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CORAM:

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JUSTICE K.R.MOHAPATRA

ORDER

Order No.

13.07.2021

This matter is taken up by video conferencing mode.

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This writ petition has been filed with a prayer for early disposal of OSS Case No.750 of 2018 stated to be pending before the learned Member, Board of Revenue, Odisha, Bhubaneswar-Opposite Party No.1.

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From the pleadings it appears that vide order dated 19^th March, 2019 of the learned Member, Board of Revenue, the Petitioner was directed to implead Bhubaneswar Municipal Corporation (BMC) as a party to the case. Accordingly, on the next date of posting, i.e., on 27^th August, 2019, a petition was filed for impleadment of BMC as a party to the said revision case. It is submitted by learned counsel for the Petitioner that as yet the said petition has not been taken up and the matter is being delayed. Hence, he prays for a direction to take up the petition for impleadment and dispose of the revision at an early date.

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Mr. Mishra, learned AGA submits that he has no instruction in the matter. However, if the Petitioner has filed an application in compliance of order dated 19^th March, 2019 the same should be taken up at an early date and the learned Member, Board of Revenue should proceed with the matter accordingly.

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Taking into consideration the submissions of learned counsel for the parties, this Court feels that learned Member, Board of Revenue-Opposite Party No.1 should take necessary steps for taking up the matter for impletion of Bhubaneswar Municipal Corporation as a party and proceed with the matter expeditiously.

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It is, therefore, directed that on filing of an authenticated copy of this order, learned Member, Board of Revenue (OP No.1) shall do well to take up the petition for impleadment of BMC as a party expeditiously keeping in mind that the Petitioner Nos. 1 to 4, 6 and 7 are all senior citizens.

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With the aforesaid observation, the writ petition is disposed of.

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As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798, dated 15^th April, 2021.

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(K.R. Mohapatra)

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Judge

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s.s.satapathy

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Binapani Dash v. Member, Board of Revenue, Odisha

Case brief

What is this about?

What did the court decide?

Binapani Dash v. Member, Board of Revenue, Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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