The Apex Court set aside the impugned order dismissing a writ petition due to non-listing despite pending since 2000, restoring it for hearing on merits.
Impugned order set aside; writ petition restored for hearing on 17th July, 2023. Parties given deadlines to file replies and paper books.
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.A. No.101 of 2023
…. Dutia Rana (since dead) represented by Appellants his LRs. Hazari Rana and others
M/s. S. Khandayatray and associates, Advocates
-versus-
The Joint Commissioner of …. Respondents
Consolidation, Odisha and others
Mr. Manoj Kumar Khuntia, AGA for State
CORAM: THE CHIEF JUSTICE JUSTICE G. SATAPATHY
ORDER
Order No. 23.03.2023
Page 1 of 2
for the State who is appearing today positively by the counsel for the Appellant by 3rd April, 2023. The rejoinder to the counter affidavits will be filed by the Appellant on or before 17th July, 2023. No further time will be granted for the above purpose to either party. The learned Single Judge is requested to proceed with the hearing of the writ petition on merits and dispose it of as expeditiously as possible.
M. Panda
(Dr. S. Muralidhar)
Chief Justice
(G. Satapathy)
Judge
Page 2 of 2
2 issues framed by the court
Whether a writ petition pending since 2000 and not fault of the appellant can be dismissed due to non-listing.
Relief to restore the writ petition in the file of the Single Judge for hearing.
1 provisions across 1 enactments
Hazari Rana
The Joint Commissioner of Consolidation, Odisha and others
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
