Disposed

Dinabandhu Patri v. the Member Board of Revenue

Orissa HC15 Feb 2021WP(C)/2617/2021

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition by directing the petitioner to file an application for early disposal of O.S.S. Case No.838 of 2015 pending before the Member, Board of Revenue, Odisha. The authority must consider and dispose of it within two weeks if sufficient notice is given and no legal impediment exists.

What did the court decide?

Direction to petitioner to move for early disposal of O.S.S. Case No.838 of 2015; directive for authority to dispose within two weeks.

Dinabandhu Patri Vs the Member Board of… — Constitutional and Fundamental Rights | Orissa HC (2021)

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W.P.(C) No.2617 of 2021

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15.02.2021

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

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Heard Mr. Subrat Panda, learned counsel for the petitioner and Mr. Dillip Kumar Mishra, learned Additional Government Advocate for the Stateopposite parties.

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The petitioner in this writ application prays for a direction for early disposal of O.S.S. Case No.838 of 2015 stated to be pending before opposite party No.1Member, Board of Revenue, Odisha, Cuttack within a stipulated period.

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It is submitted that although there is no legal impediment for early disposal of O.S.S. Case No.838 of 2015, the authority is not taking any step for disposal of the same in accordance with law.

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Mr. Mishra, learned Additional Government Advocate for the State, on the other hand, submits that he has no instructions as to the status of the case before the said authority and pendency of the matters of similar nature before that court. Hence, he prays for some time to take instructions in the matter.

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Taking into consideration the submissions made by learned counsel for the parties and in view of the order proposed to be passed, this Court feels it

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proper to proceed with the matter without waiting for learned State counsel to obtain instructions.

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This writ petition is, accordingly, disposed of with a direction that in the event the petitioner moves an application for early disposal of O.S.S. Case No.838 of 2015 stated to be pending before the Member, Board of Revenue, Odisha, Cuttackopposite party no.1 detailing the grounds therein within a period of two weeks hence, he shall do well to consider and dispose of the said application within a period of two weeks from the date of filing of such application along with an authenticated copy of this order downloaded from the website of the Orissa High Court and follow up action shall be taken by the authority for expeditious disposal of O.S.S. Case No.838 of 2015 fixing a firm date subject to the condition that the notice on the parties is sufficient and there is no other legal impediment for disposal of the case.

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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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Dinabandhu Patri v. the Member Board of Revenue

Case brief

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Dinabandhu Patri v. the Member Board of Revenue

Case brief

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