Land Acquisition Officer,Kalahandi v. Tapan Kumar Behera
Maintainability – Recall of final order in a disposed of appeal – Interlocutory application not maintainable
Case brief
What is this about?
Orissa High Court, single judge (S.K. Mishra J.), order dated 18.12.2024 in I.A. No.210 of 2024 arising out of L.A.A. No.35 of 2023: State-Appellant (Land Acquisition Officer, Kalahandi; counsel Mrs. U. Padhi, ASC) sought recall of the order dated 22.02.2024 dismissing the land acquisition appeal for non-deposit of deficit Court Fee. Court held that an interlocutory application for recall in a disposed of appeal is not maintainable and the remedy lay by way of review; the I.A. was dismissed. No statutes or precedents were cited.
What did the court decide?
In view of the settled position of law, an Interlocutory Application in a disposed of Appeal seeking recall of the order disposing of the Appeal is not maintainable; the Appellant ought to have pursued a Review Application rather than the present I.A. ¶14