Balaram Meher v. Collector,Bolangir

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.5374 of 2002 Balaram Meher ....

Petitioner(s) Mr.A.C.Mohanty, Senior Advocate -versusCollector, Bolangir & Ors.

....

Opp.Party(s) Mr.S.P.Panda, AGA

CORAM:

JUSTICE BISWANATH RATH

ORDER

30.03.2022 7.

1.

Heard learned counsel appearing for the parties. Order No.

2.

This writ petition involves the challenge to orders at Anenxures1, 2 and 3 involving original proceeding vide R.M.C. No.8/1 of 95 initiated in the year, 1995. Taking into consideration the request of Mr.Mohanty, learned senior counsel for the petitioner that if the petitioner is provided with a scope to re-agitate his claim in R.M.C. No.8/1 of 95, there is possibility of decision otherwise. This Court in reading of the order at Anenxure-1 finds petitioner contested the proceeding on the same premises but failed in establishing his case. The matter went in appeal thereafter revision and petitioner has lost in all forums. Taking into account the submission presently made, this Court finds petitioner having opportunity and having raised such contentions remain unable to satisfy his case on production of copies thereof and has lost in all the three forums. For involvement of concurrent finding of fact by the three courts, relief cannot be granted after 27 years to re-agitate the issue. In the process, this Court finds there is no scope for interfering in such orders in exercise of power

// 2 // under Article 227 of the Constitution of India. Consequently, the writ petition stands dismissed.

(Biswanath Rath) Judge Sks