Hazun Bibi v. Gangabala Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.79 of 2012 Hazun Bibi ....

Appellant Mr. Bijay Jena, Proxy Counsel on behalf of Mr. S.P. Mishra, Senior Counsel.

-versusGangabala Mohanty & others ....

Respondents Mr.Gyanaranjan Mohapatra, Addl. Standing Counsel

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO Order No.

ORDER

07.02.2022 08.

1. This matter is taken up through hybrid mode.

2. The writ appeal has been filed by the appellant challenging the judgment dated 08.02.2012, passed by the learned Single Judge in W.P.(C) No.13501 of 1998, dismissing the writ petition, which confirmed the order dated 05.08.1998 passed by the Commissioner Consolidation in Consolidation Revision No.1716 of 1996 (under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act,1972) in turn, confirming the order dated 30.08.1998 passed by the Deputy Director of Consolidation Range-II, Cuttack in Appeal Case No.27 of 1995.

3. Mr. Bijaya Jena, learned proxy counsel on behalf of Mr. S.P. Mishra, learned Senior Counsel for the appellant submits that there is no instruction from the appellant to proceed further in the matter and therefore, seeks leave of the Court to withdraw the appeal with liberty to revive the appeal in case any cause of action still survives.

// 2 //

4. Considering the submissions of the learned counsel for the appellant, the writ appeal is dismissed as withdrawn with liberty to the appellant to revive the writ appeal if so advised, within a period of two months, if any, cause of action still survives.

(Jaswant Singh) (M.S. Sahoo) Judge Judge February 7th 2022 Cuttack dutta/Gs