Debendranath Balabantaray v. Raghu Mandala Kasi Naidu

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 5695 of 2022 Debendranath Balabantaray ....

Petitioner Mr. Banshidhar Baug, Advocate -versusRaghu Mandala Kasi Naidu and others .... Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.2 to 5)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.04.2022 1.

1.

This matter is taken up through hybrid mode.

2.

Petitioner in this writ petition seeks to assail the order dated 3rd September, 2021 (Annexure-3) passed by SubCollector, Jeypore in Mutation Appeal No.18 of 2020, whereby he confirmed the order dated 10th August, 2020 (Annexure-2) passed by Tahasildar, Jeypore in Mutation Case No.1195 of 2020.

3.

In course of hearing, Mr. Baug, learned counsel for the Petitioner submits that interest of justice will be best served if the Petitioner files Revision under Section 32 of the Odisha Survey and Settlement Act, 1958 assailing the order impugned herein. Hence, he prays for withdrawal of the writ petition. 4.

Considering such submission, the writ petition is disposed of as withdrawn. However, this Court made it clear that while considering the application for condonation of delay, if any in filing the revision, the same shall be considered

// 2 // liberally keeping in mind that the writ petition was pending before this Court since 28th February, 2022 along with other grounds, if any.

5.

Certified copy of Annexures-2 and 3 shall be returned to the Petitioner on being substituted with photocopy thereof. Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy