Jagannath Sahoo v. C.M.C.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.160 of 2017 Jagannath Sahoo ....

Appellant M/s. Amiya Kumar Mohanty-A, Advocate & Associates -versusCuttack Municipal Corporation and others ....

Respondents None

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

19.10.2022 Order No.

02.

1.Although there is a delay of fourteen days in filing the writ appeal, no steps for limitation have yet been taken.

2. The challenge in the present writ appeal is to an order dated 4th May 2017, passed by the learned Single Judge dismissing the W.P.(C) No.6160 of 2017 filed by the present Appellant.

3. The Appellant was asked to pay Rs.28,800/- as penal charges by the Cuttack Municipal Corporation (CMC) for retaining the Government quarter beyond the prescribed time limit, for the period from 1st December, 2004 to 31st March, 2006.

4. According to the Appellant, he should have been only asked to pay the regular rent. However, the fact remained that he had retained the Government quarter beyond the prescribed time limit

and, therefore, was liable to pay penal charges for the extended period. This being purely factual, the learned Single Judge found no reason to interfere.

5. This Court is also not satisfied that any ground has been made out for entertaining the present writ appeal and it is dismissed as such.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S. Behera