Gajendra@Gaji Lenka v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 6588 of 2012 Gajendra @ Gaji Lenka ....

Petitioner Mr. Bansidhar Baug, Advocate -versusState of Odisha and Others ....

Opposite Parties Mr. Debakanta Mohanty, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

25.07.2022 05.

1. The impugned order dated 19th August, 1987 has been passed by the Additional District Magistrate, Bhubaneswar in R.C. Case No.491 of 1987. Admittedly, the said order was passed after hearing the present Petitioner and after he filed a show cause.

2. The Petitioner has no valid explanation why he waited for 25 years to file the present writ petition challenging the said order. Counsel for the Petitioner states that the Petitioner is poor and illiterate and was not aware of the said order till 2012. The Court is not prepared to accept the above explanation. The impugned order was passed way back on 19th August, 1987 after full participation of the Petitioner in the proceedings. In the circumstances, he cannot claim to be unaware of the order passed in the said proceedings.

3. Not being satisfied with the explanation for the inordinate delay in approaching this Court, the petition is dismissed. (Dr. S. Muralidhar) Chief Justice (Dr. S.K. Panigrahi) Judge S.K. Jena/Secy.