High CourtsDivision Bench(2021) 12 OHC CK 0028

Jadumani Mishra vs Durgamadhab Rath And Others

Orissa High Court · Decided on 6 December 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · A. K. Mohapatra, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 243 Of 2008

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Judgment

6 paragraphs · 246 words
1.

The appeal is directed against an order dated 1st December, 2008 of the learned Single Judge dismissing the writ petition i.e. W.P.(C) No.15815 of 2008 filed by the Appellant aggrieved by an order passed by the Land Reforms Commissioner-cum-Commissioner, Settlement, Jagatsinghpur in R.C. No.168 of 2007.

2.

The aforementioned writ petition was the second round of litigation at the instance of the present Appellant before the learned Single Judge. In the first round W.P.(C) No.12364 of 2006 was disposed of by the learned Single Judge permitting the present Appellant to file an appeal before the Appellate Authority within a period of one month along with an application for condonation of delay. As it turns out, the present Appellant could not file the appeal within a month but filed it more than a month thereafter.

3.

Noting that the dispute relates to way back in 1994, the learned Single Judge in the second round, by the impugned order, was disinclined to grant any further indulgence to the present Appellant. Accordingly, the writ petition was dismissed.

4.

Having heard learned counsel for the Appellant, the Court is not persuaded to take a view different from that of the learned Single Judge. Indeed in a dispute that relates to the year 1994, there would be no justification in permitting the Appellant any further indulgence as far as availing of the statutory remedies are concerned. No ground is made out for interference.

5.

The writ appeal is dismissed.

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