Mani Sahoo v. The Commissioner Consolidation,Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.433 of 2019 Mani Sahoo.

....

Appellant Mr. Bamadev Baral, Advocate -versusThe Commissioner Consolidation, Odisha & others ....

Respondents None

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN Order No.

ORDER

14.11.2022 13.

1. W.P.(C) No.14684 of 2019 filed by the present appellant was dismissed by the order of the learned Single Judge on the ground of unexplained delay of about three years in approaching the writ Court challenging an order dated 17th June, 2016 passed by the Commissioner Consolidation, Odisha, Bhubaneswar in Revision Case Nos.319 of 2010 and 320 of 2010.

2. When asked for an explanation, learned counsel for the Appellant states that the Appellant was an elderly widow and, therefore, she was perhaps not aware of the legal procedures involved.

3. The Appellant's status remained as such, even when she first approached the Commissioner with the aforementioned Revision case. Since she herself filed the Revision petition before the Commissioner and invited an order, she cannot possibly claim that she was unaware either of the passing of the order or the

consequence of such order. Consequently, the Court is not satisfied with the explanation offered by the Appellant for the inordinate delay in approaching the Writ Court. This Court, therefore, also does not find any error having been committed by the learned Single Judge.

4. The writ appeal is, accordingly, dismissed. (Dr. S. Muralidhar) Chief Justice (M. S. Raman) Judge MRS/AKS