Y.Rama Krishna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 10058 of 2022 Y. Rama Krishna .....

Petitioner Mr. Pratap Kumar Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel (For Opposite Party Nos.1 to 3)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

16.05.2022 3.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition prays for a direction for early disposal of Mutation Appeal No.1 of 2013 pending before Additional Tahasildar, Berhampur.

3.

Taking into consideration the submission made by learned counsel for the Petitioner, this Court, vide order dated 25th April, 2022, directed the learned State Counsel to take instruction.

4.

On instruction, Mr. Mishra, learned ASC submits that due to non-cooperation of the Petitioner, the matter has not yet been disposed of. It is his submission that from 18th August, 2017 till 11th December, 2020, the Petitioner never appeared to participate in the proceeding. Further, the Respondent No.1 (father of Opposite Party No.4 herein) in the appeal, namely,

// 2 // Trinath Mahapatro has died in the meantime. No petition for his substitution has yet been filed.

4.1 Mr. Mishra, learned ASC produces a copy of the entire order sheet of the Mutation Appeal No.1 of 2013 for perusal of this Court.

5.

Taking into consideration the submissions of learned counsel for the parties and that the Petitioner has not taken diligent steps in the appeal, this Court is not inclined to entertain the prayer made in this writ petition. 6.

However, the writ petition is disposed of with an observation that the Petitioner, if so advised, may participate in the hearing of the appeal diligently and pursue the Additional Sub-Collector, Berhampur for early disposal of the appeal. Issue urgent certified copy of the order on proper application.

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