Damai Iringai v. State of Odisha
Case brief
What is this about?
Odisha High Court, Cuttack — WP(C) No.5595 of 2025, order dated 15.07.2025, Hon'ble Mr. Justice Ananda Chandra Behera. Petitioner: Damai Iringai (counsel Manoranjan Padhy); Opposite Parties: State of Odisha, Sub-collector Koraput, Tahasildar Pottangi, Burundi Namati, Burudi Shyama (Mr. S. Nayak, ASC). Withdrawal memo dated 08.07.2025 not accepted; writ petition disposed of finally with liberty to prefer a Mutation Appeal before the Sub-Collector, Koraput, to be entertained without questioning delay under Section 14 of the Indian Limitation Act, 1963, petitioner having approached the wrong forum (writ court); Registry to communicate order to Sub-Collector, Koraput. Keywords: mutation appeal, Section 14 Limitation Act 1963, wrong forum, disposal of writ petition, Sub-Collector Koraput, Tahasildar Pottangi.
What did the court decide?
Writ petition disposed of finally; petitioner granted liberty to prefer a Mutation Appeal before the Sub-Collector, Koraput (O.P. No.2), who shall entertain it without questioning the delay by invoking Section 14 of the Indian Limitation Act, 1963, as the petitioner had bonafidely approached the wrong forum (the writ court).