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Judgment
The writ appeal is directed against an order dated 29th September, 2022 passed by the learned Single Judge dismissing W.P.(C) No. 15249 of 2005.
The Appellants had questioned an order dated 24th October, 2005 passed by the Collector, Kalahandi dismissing the O.L.R. Revision Case Nos. 4 and 5 of 2004 which in turn questioned the orders dated 6th October, 2003 of the Tahasildar, Dharamgarh as well as the Appellate order dated 13th February, 2004 of the Sub-Collector, Dharamgarh. It is seen that the writ petition was pending since 2005 and notice had been issued on 24th January, 2006. There was also an interim order in favour of the writ petitioners.
Without examining the contention of the Appellants, a cryptic one paragraph order has been passed by the learned Single Judge which reads as under:
“1. Heard learned counsel appearing for the parties.
This writ petition involves a O.L.R. ceiling surplus proceeding. Even though the writ petition is on the ground that while initiation of the proceeding under the same provision instituted against the father was dropped with a lawful reason, there was no occasion for reinitiating similar proceeding against the son. As appearing at Annexure-4, petitioner even though has taken plea of dropping of the earlier proceedings, however, there is no material to give a foundation to the claim of the petitioner. There already involve ceiling proceeding even him. This Court finds there is also sufficient loss of time in the meantime in the absence of which the writ petition is not entertainable. Consequently, the writ petition stands dismissed for having no merit.”
This was not a matter which could have been dismissed on account of “sufficient loss of time” when there was an interim order in favour of the writ petitioners which was continuing for almost 16 years. The merits of the matter had to be examined. The writ petition could not have been rejected in a summary manner without discussing the contentions raised by the Appellants-writ Petitioners.
In the circumstances, the Court is constrained to set aside the impugned order and restore the W.P.(C) No. 15249 of 2005 to the file of learned Single Judge in the Roster Bench where it be listed for hearing on 10th July, 2023. Since no counter affidavit has been filed by the State in the said writ petition, it is directed that a para-wise reply to the writ petition will be filed by the State not later than 3rd July, 2023 and rejoinder thereto, if any, should be filed by 10th July, 2023. No further time will be granted to either party for that purpose. The interim order which was enuring during the pendency of the writ petition shall continue till the disposal of the writ petition on merits by the learned Single Judge in the roster Bench.
Considering that it is a writ petition of 2005, the learned Single Judge is requested to dispose it of on merits as expeditiously as possible.
The writ appeal is disposed of in the above terms.
Issue urgent certified copy of this order as per rules.
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