Bhubani Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.18586 of 2022 Bhubani Sahu ....

Petitioner(s) Mr. A.Ch. Behera, Advocate -versusState of Odisha & Ors.

....

Opposite Party(s) Mr. S.P. Panda, Addl. Govt. Adv.

CORAM:

JUSTICE BISWANATH RATH

ORDER

09.09.2022 Order No.

01.

1.

The sole ground of challenge to the impugned order dated 15.09.2008 involving a proceeding U/s.37(I) of the O.C.H. & P.F.L Act, 1972 is; the husband of the Petitioner who was prosecuting such litigation died in the year 2020 and the Petitioner was not aware of the development involving any such legal proceeding. 2.

Keeping the above in view, this Court here finds, the husband was a party to the proceeding and a revision was also disposed of on the contest of the husband in the year 2008. The husband since was surviving at least 2020, nothing prevented the husband to approach the Court of law in appropriate time. There is serious lapse on the part of the husband and it is not known whether the husband was aggrieved by such order. The wife after 14 years cannot get such benefit. The Writ Petition is grossly barred by time.

3.

In the circumstance, this Court finds no ground to entertain a Writ Petition after 14 years and observes, in the event of entertainment

// 2 // of the Writ Petition, the position settled 14 years back will be unsettled, which is not permissible in the eye of law.

4.

The Writ Petition is, accordingly, dismissed. (Biswanath Rath) Judge Ayaskanta Jena