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D.Damburu Dors v. State of Odisha

Orissa HC1 Dec 2023WP(C)/38845/2023

Case brief

AI extract

What is this about?

Petitioner approached the High Court of Orissa seeking directions to dispose of a petition denying liability within a stipulated period. The court accepted the withdrawal of the writ petition and granted liberty to file a better application in the prescribed form.

What did the court decide?

Writ petition disposed of as withdrawn; liberty granted to file a better application denying liability in Form No. 4 within ten days.

D.Damburu Dors Vs State of Odisha — Orissa HC (2023) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.38845 of 2023

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D. Dambaru Dora

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Petitioner

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Mr. S.P. Das, Advocate

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-versus-

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State of Odisha & Ors.

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…. Opposite Parties

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Mr. B. Panigrahi, ASC

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Order No. 01.

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CORAM: JUSTICE SANJAY KUMAR MISHRA

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ORDER 01.12.2023 This matter is taken up through hybrid mode. 2. The Petitioner has approached this Court seeking for a direction to the Sub-Collector-cum-Special Certificate Officer, Berhampur, Ganjam (O.P. No.3) to deal with and dispose of the petition dated 13.09.2022 as at Annexure-3 filed in C.C.M. 133 of 2020 within a stipulated period .On perusal of the so called petition dated 13.09.2023 denying the liability filed before the Sub-Collector-cum-Special Certificate Officer, Berhampur, Ganjam, it is ascertained that it is not in accordance with law as prescribed under Section-8 of the O.P.D.R. Act, 1962 , as it has to be filed in Form No. 4 .

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At this juncture, learned Counsel for the Petitioner prays to withdraw the Writ Petition with liberty to file a better application denying liability in terms of Section-8 of the O.P.D.R. Act in the prescribed form. The learned counsel for the State has no objection to such a prayer made by the learned counsel for the Petitioner.

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Page 1 of 2

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Mr. Das further prays, since there is a provision to file petition denying liability within a stipulated time frame, direction may be given to the Certificate Officer to entertain the petition denying liability filed beyond the statutory period, as his client has already filed a petition to the said effect, though it is not in a prescribed form and the said mistake was committed by the Petitioner because of ignorance of law.

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In view of the above, the Writ Petition stands disposed of as withdrawn, giving liberty to the Petitioner to file a better application denying liability in the prescribed form i.e. Form No.4, within ten days hence.

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Needless to mention here , on filing of such petition within the permitted period, the Certificate Officer shall do well to deal with and dispose of the same following due procedure, as prescribed under Section-9 of the said Act, 1962.

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Urgent certified copy of this order be granted on proper application as per rules.

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Banita

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(S.K. MISHRA)
JUDGE

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Signature Not Verified

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Digitally Signed Signed by: BANITA PRIYADARSHINI PALEI Designation: JR. STENOGRAPHER Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, C UTT ACK Date: 02-Dec-2023 15:02:32

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Page 2 of 2

D.Damburu Dors v. State of Odisha

Case brief

What is this about?

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D.Damburu Dors v. State of Odisha

Case brief

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