Disposed

Pradeep Kumar Sethi v. State of Odisha

Orissa HC25 Feb 2021WP(C)/3455/2021

Case brief

AI extract

What is this about?

This court disposed of a writ petition assailing an order dropping land alienation proceedings due to the petitioner's non-appearance. The petitioner cited the pandemic as a reason. The court directed restoration of the case if filed within two weeks, without expressing an opinion on merits.

What did the court decide?

Petitioner directed to file application for restoration of the Revenue Misc. Case within two weeks before Sub-Collector, Boudh, with certified copy of order.

Pradeep Kumar Sethi Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) No.3455 of 2021

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25.02.2021 Heard Mr. S. Panda, learned counsel for the petitioner through physical mode and Mr. S. Mishra, learned Additional Standing Counsel for the Stateopposite parties through virtual mode.

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This writ petition has been filed assailing the order dated 04.06.2020 passed by the Sub-Collector, Boudh in Revenue Misc. Case (RMC) No.58 of 2019, whereby he dropped the proceeding due to non-appearance of the petitioner.

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The averments made in this writ petition revealed that the petitioner filed an application in Revenue Misc. Case (RMC) No.58 of 2019 before the Sub-Collector, Boudh under Section 22 of the O.L.R. Act, 1960 (for short ‘the Act’) for permission to alienate land in respect of Plot No.24 under Khata No.120/50 to an extent of Ac.1.430 decimals in Mouza-Mahulbahali under Kantamal Tahasil in the district of Boudh. Due to repeated non-appearance of the petitioner, the said proceeding was dropped. As such, the petitioner has filed this writ petition for the aforesaid relief.

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Mr. Panda, learned counsel for the petitioner submits that due to outbreak of pandemic of COVID-19, the petitioner could not appear before the Sub-Collector, Boudh to pursue the matter for which the impugned order was passed. It is his submission that the petitioner is ready and willing to file an application for restoration of the said Revenue Misc. Case and in that event a direction may be issued for restoration of the OLR case and to consider it on its own merit.

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Mr. Mishra, learned Additional Standing Counsel for the State refuting the submission of Mr. Panda, learned counsel for the petitioner submits that although the petition was filed since 07.09.2019, the petitioner was not diligent in pursing the matter and did not cooperate with the Sub-Collector, Boudh for disposal of the application under Section 22 of the Act on merit. Thus, the Sub-Collector, Boudh had no other option than to drop the proceeding holding that the petitioner is not interested in pursuing the matter. He, therefore, prays for dismissal of the writ petition.

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Taking into consideration the submission made by learned counsel for the parties and the fact that the petitioner is ready and willing to file an application for restoration of the said Revenue Misc., this Court without expressing any opinion on the merits of the case, disposes of the writ petition with a direction hat in the event the petitioner files an application for restoration of the aforesaid Revenue Misc. Case (RMC) No.58 of 2019 within a period of two weeks hence before the Sub-Collector, Boudh-opposite party no.3 stating the grounds therein along with certified copy of this order, he shall do well to consider the same on its own merit following due procedure of law and pass a reasoned order thereon.

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Urgent certified copy of this order be granted on proper application.

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……..……………………

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K.R. MOHAPATRA,J.

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Pradeep Kumar Sethi v. State of Odisha

Case brief

What is this about?

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Pradeep Kumar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

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