Sukadev Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.27037 of 2021 Sukadev Behera & others ......... Petitioners Mr. Dillip Kumar Pattanayak, Adv.

-Versus- State of Odisha & others .........

Opp. Parties Mr. H.M. Dhal, AGA

CORAM:

JUSTICE C.R. DASH JUSTICE SAVITRI RATHO

ORDER

25.01.2022 Order No.

01.

1.

This matter is taken up through Virtual Mode. 2.

Heard.

3.

Reference Petition U/S. 64 of the RFCTLAR&R Act, 2013 has been rejected by the Special Land Acquisition Officer, Kanupur Irrigation Project, Rimuli, Keonjhar- Opp. Party No.4 on the ground of limitation.

4.

It is submitted by learned counsel for the petitioners that, proviso to Section-64 of the aforesaid Act has invested power to the Collector concerned to condone the delay, if justifiable reason for the delay is shown.

5.

In view of such fact and the nature of relief sought for, the writ petition is disposed of, giving liberty to the petitioners to approach the Collector concerned, i.e., Collector, Keonjhar- Opp. Party No.3, within a period of three weeks from today under proviso to Section- 64 of the aforesaid Act. If such a petition is filed by the petitioners, the same shall be disposed of in accordance with law, within a period of two months from the date of it's filing. 6.

The writ petition is accordingly disposed of. 7.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515, dated 7th January, 2022.

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C.R. Dash, J.

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Savitri Ratho, J.

Subha