The High Court of Orissa rejected the petitioner's allegation that the appellate authority had not heard their appeal. Finding the appeal was instituted and listed for hearing, the Court directed the Sub-Collector to decide it after giving parties a fair opportunity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P (C) No.23032 of 2022
M/s. P.K. Minerals Private Limited, ….. Petitioner Keonjhar
Mr. S.K. Dash, Advocate Vs. State of Odisha and others ….. Opposite Parties Mr. P.P. Mohanty, A.G.A.(O.Ps.1-3) Mr. U.C. Behura, Adv.(O.P.4)
CORAM:
DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY
ORDER 19.09.2022
02.
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appeal. In compliance of the said order, Mr. P.P. Mohanty, learned Additional Government Advocate appearing for the State-opposite parties produces written instructions before this Court, wherein it has been stated that on 29.08.2022, when the appeal petition was filed, the appellate authority-Sub-Collector, Keonjhar scrutinized at his level and noticed certain defects. Accordingly, he directed the petitioner to remove the defects. Accordingly, the petitioner complied with the defects in his appeal petition on 02.09.2022. Thereafter, the appeal case was instituted vide OMMC Appeal Case No.33 of 2022 on 02.09.2022 under Section-46(1) of the OMMC Rules, 2016. Then the said appeal was posted to 15.09.2022 for hearing. On that day, opposite party no.4 sought time and accordingly, the matter has been posted to 22.09.2022.
(DR. B.R. SARANGI) JUDGE
Alok/Subhasmita
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1 issue framed by the court
Whether the Sub-Collector, Keonjhar had entertained the appeal preferred by the petitioner despite allegations of inaction.
2 provisions across 1 enactments
M/s. P.K. Minerals Private Limited
State of Odisha
B.R. Sarangi
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
