Allowed

Govt. U.P. School, Basantapur v. Collector, Mayurbhanj

Orissa HC15 Apr 2021WP(C)/7258/2021

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the Addl. District Magistrate in registering a Regulation Appeal under Regulation-II of 1956. The Court directed the official to register the appeal forthwith and proceed as per law, while declining to express an opinion on the merits.

What did the court decide?

Direction to Addl. District Magistrate to register the Regulation Appeal filed on 15.11.2019 forthwith and proceed with the matter.

Govt. U.P. School, Basantapur Vs Collector, Mayurbhanj — Property and Title | Orissa HC (2021)

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W.P.(C) No. 7258 of 2021

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15.04.2021

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This matter is taken up through video conferencing

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mode.

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Heard Mr. Niranjan Lenka, learned counsel for the Petitioner and Miss Samapika Mishra, learned Addl. Standing Counsel for the State-Opposite Parties.

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The grievance of the Petitioner in this writ petition is with regard to inaction of Addl. District Magistrate, Mayurbhanj at Baripada-Opposite Party No.2 in registering the Regulation Appeal filed by the Petitioner on 5^th November, 2019.

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It is submitted by Mr. Lenka, learned counsel for the Petitioner that although an appeal has been filed assailing the order dated 27^th September, 2016 passed by the Sub-Collector, Panchpir, Karanjia in a proceeding under Section 3-A of the Orissa Scheduled Area Transfer of Immovable Properties (by Schedule Tribe) Regulations, 1956 in Regulation Case No. 07 of 2016 along with a petition for condonation of delay, but the same is yet to be registered and at present, the Opposite Party No. 4, namely, Gopal Naik, taking advantage of the same has put a lock on the main door of the School. In such view of the matter, he prays for a direction to the Addl. District Magistrate, Mayurbhanj-Opposite Party No.2 to register the Regulation Appeal and proceed with the matter in accordance with law.

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Mr. Mishra, learned Addl. Standing Counsel for the State submits that she has no instruction in the matter. However, if an appeal is filed under the provisions of Regulation-II of 1956, the same should have been registered

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and the appellate authority should have proceeded with the matter in accordance with law.

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Taking into consideration the submissions of learned counsel for the parties, this Court without expressing any opinion on the merits of the case disposes of this writ petition with a direction that on production of an authenticated copy of this order, the Addl. District Magistrate, Mayurbhanj at Baripada-Opposite Party No.2 shall do well to register the Regulation Appeal filed by the Petitioner on 15.11.2019 forthwith and proceed with the matter in accordance with law, if the same is still pending.

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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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……………………….

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K.R.Mohapatra, J.

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bks

Govt. U.P. School, Basantapur v. Collector, Mayurbhanj

Case brief

What is this about?

What did the court decide?

Govt. U.P. School, Basantapur v. Collector, Mayurbhanj

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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