Sachidananda Rohidas v. State Of Orissa

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IN THE HIGH COURT OF ORISSA AT CUTTACK

WA No. No. 499 of 2016 SachidanandaRohidas ....

Appellant Mr.A.K.Dash, Advocate -versusState of Odisha and others ....

Respondents Mr. D.K. Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

11.10.2022 05.

1. The challenge in the present writ appeal is to an order dated 16th September,2016 passed by the learned Single Judge dismissing the W.P.(C) No.12479 of 2016 filed by the Appellant.

2. In the above writ petition, the Appellant had challenged the order dated 11th May May,2016 passed by the Additional Commissioner of Consolidation and Settlement, Sambalpur in R.P. Case No.931 of 2014.

3. The learned Single Judge noted that the revision petition itself has been filed by the Petitioner after long lapse of 38 years and was therefore barred by limitation. Further the prayer of the Petitioner was essentially for a direction to settle the land in his favour which was beyond the scope of Section 15(b) of the Orissa Survey and Settlement Act,1958.

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4. Having heard learned counsel for the Appellant, it is seen that the Appellant has no convincing or reasonable explanation to offer for the inordinate delay of 38 years in filing the Revision Petition seeking the above direction. On that short ground itself, the learned Single Judge was justified in dismissing the writ petition. The Court is unable to find any error having been committed in passing the above order.The writ appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge B.C.Mohanty