The High Court dismissed the writ petition challenging an order that refused to substitute the petitioner and his father as legal heirs of a deceased woman in an abated revision case. The refusal was due to prolonged delay and failure to prove the petitioner's relationship with the deceased.
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W.P.(C) No. 4478 of 2021
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2002, but the same was not moved till 2017. However, the petition was taken up on 25.07.2017 and ultimately, learned Commissioner, Consolidation, on the finding that no material was placed on record to show that they are the legal heirs of late Shanti Dei and that the said petition having not been moved for last 15 years, dismissed it vide order dated 25.07.2017.
3.1 Although said order was passed on 25.07.2017, this writ petition has been filed on 03.02.2021.
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Odisha, Bhubaneswar (OP No.2) to substitute them in place of said Shanti Dei.
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petitioner, the said application was not moved for last 15 years. On the day, the petition was taken up for hearing, i.e., on 25.07.2017, no material was placed before the Court to establish that the petitioner is the son of said Shanti Dei. It further appears from the impugned order that the petitioner is the natural son of one Malati Dei, wife of Kulamani Biswal. Thus, the plea of the petitioner that he is the son of Shanti Dei could not be established. It further appears that although said Kulamani Biswal is stated to be husband of said Shanti Dei, but from the cause title of the Revision Petition, it appears that said Kulamani Biswal is the husband of one Malati Dei (OP No.2). Further, impugned order was passed on 25.07.2017 and the writ petition was filed on 03.02.2021 and no explanation of delay of more than three and half years has been explained in the writ petition.
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ss
K.R. MOHAPATRA,J.
2 issues framed by the court
Whether the writ court should interfere with an order dismissing the substitution of petitioner as legal heir due to delay and failure to prove relationship.
Whether the petitioner successfully established his relationship with the deceased Shanti Dei to justify substitution in the abated Revision Case.
Petitioner
Commissioner, Consolidation, Odisha, Bhubaneswar
State
K.R. MOHAPATRA,J.
As recorded by the court registry
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