Prahallad Rout v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.512 of 2016 Prahallad Rout ....

Appellant Mr. Ranjan Kumar Rout, Advocate -versusState of Odisha and others ....

Respondents Mr. Debakanta Mohanty Additional Government Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH

ORDER

12.10.2022 Order No.

02.

1. The challenge in the present writ appeal is to an order dated 19th October 2016, passed by the learned Single Judge dismissing the Appellant's W.P.(C) No.17794 of 2016 on the ground that there was an alternative efficacious statutory remedy of an appeal against the order dated 23rd July 2016, passed by the Tahsildar, Aul dropping the proceedings in view of the pendency of a civil suit being C.S. No.10/16 in the Civil Court.

2. Having heard learned counsel for both the parties, the Court is satisfied that the aforementioned order dated 23rd July, 2016 of the Tahasildar is in fact final in nature and is an appealable one under Rule-92 of the Mutation Manual.

3. Consequently, the Court finds no error having been committed by the learned Single Judge which requires interference of this Court. The appeal is accordingly dismissed.

4. If the appeal is filed not later than 5th December, 2022 then the explanation offered for the delay on account of the pendency of the writ petition as well as the writ appeal, will be taken into account to the Appellate Authority in accordance with law. (Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge S. Behera