Dismissed

The D.M. -Cum- Collector,Sundargarh v. Gajendra Pr.Jain

Orissa HC23 Jun 2023RVWPET/10/2020

Case brief

AI extract

What is this about?

This order dismissed an IA seeking condonation of a 1104-day delay in preferring a review petition. Relying on a prior precedent refusing condonation for a similar delay, the Court rejected the application. Consequently, the underlying review petition was also dismissed with a direction to the State to comply with a prior order.

What did the court decide?

IA rejected; Review Petition dismissed; State directed to comply with prior order within 15 days.

The D.M. -Cum- Collector,Sundargarh Vs… — Civil Procedure and Limitation | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET No. 10 of 2020

¶2

District Magistrate-cum-Collector, ….. Sundargarh and another

¶3

Petitioners

¶4

Mr. L. Samantray, AGA

¶5

Vs.

¶6

Gajendra Prasad Jain ….. Opposite Party Mr. Haripad Mohanty, Adv.

¶7

CORAM:

¶8

DR. JUSTICE B.R. SARANGI MR. JUSTICE M.S. RAMAN

¶9

ORDER

¶10

23.06.2023

¶11

I.A. No. 10 of 2020

¶12

Order No. This matter is taken up through hybrid mode.

¶13

¶14

This application has been filed for condonation of delay of

¶15

1104 days in preferring the RVWPET.

¶16

Heard learned counsel for the parties.

¶17

As it appears, the State-petitioners have filed this application for reviewing the order dated 30.11.2016 passed in W.P.(C) No. 14520 of 2015.

¶18

In a similar case, i.e. State of Odisha and another v. Smt. Bishnupriya Routray and another, 118 (2014) CLT 588, this Court had not condoned the delay of 706 days in preferring the appeal. Applying the same principle to the present case and looking at the reasons assigned in the review petition, it appears that sufficient cause has not been shown to condone the delay of 1104 days in preferring the RVWPET. That apart no due diligence has been indicated in the review petition in preferring the RVWPET.

¶19

Accordingly, I.A. stands rejected.

¶20

(M.S. RAMAN) JUDGE

¶21

Page 1 of 2

¶22

RVWPET No. 10 of 2020

¶23

Order No.

¶24

This matter is taken up through hybrid mode.

¶25

¶26

In view of dismissal of I.A.No.10 of 2020 for condonation of delay of 1104 days, the RVWPET stands dismissed.

¶27

Mr. L. Samantray, learned Addl. Government Advocate appearing for the State-opposite parties to comply the order dated 30.11.2016 passed in W.P.(C) No. 14520 of 2015 within 15 days.

¶28

Ashok

¶29

(DR. B.R. SARANGI) JUDGE

¶30

(M.S. RAMAN)
JUDGE

¶31

Signature Not Verified

¶32

Digitally Signed Signed by: ASHOK KUMAR JAGADEB MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Jun-2023 15:45:19

¶33

Page 2 of 2

The D.M. -Cum- Collector,Sundargarh v. Gajendra Pr.Jain

Case brief

What is this about?

What did the court decide?

The D.M. -Cum- Collector,Sundargarh v. Gajendra Pr.Jain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Banshidhar Biswal Vs Saumyasri Panigrahi

Bishnupriya Mishra Vs Usha Padhi

Gayatri Patel Vs Anam Ch.Patra

Padmanabha Rout Vs State and Ors.

Sasmita Bhoi @Das Mohapatra Vs Padmabati Behera

Saroj Mallik Vs C.R.Mohapatra