Agani Behera v. The Commnr. Consolidation And Settlement, Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 32866 of 2021 Agani Behera ....

Petitioner Mr. Lambodar Pradhan, Advocate -versusThe Commissioner, Consolidation & Settlement, Odisha, Cuttack ....

Opp. Party Mr. Dillip Kumar Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.01.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ application prays for a direction for early disposal of R.P. Case No.810 of 2017 stated to be pending before the Opposite Party-Commissioner, Consolidation and Settlement, Odisha, Cuttack.

3. It is submitted that although the Petitioner has filed an application under Section 5 of the Limitation Act for condonation of delay in filing the revision petition, the same has not yet been taken up for consideration, for which consideration of revision petition on merit is being delayed. 4.

Mr. Mishra, learned Additional Government Advocate for the State, on the other hand, submits that he has no instructions as to the status of the case before the said authority and pendency of the matters of similar nature before that court. Hence, he prays for some time to take instructions in the matter. 5.

Taking into consideration the submissions made by learned counsel for the parties and in view of the order

// 2 // proposed to be passed, this Court feels it proper to proceed with the matter without waiting for learned State counsel to obtain instruction.

6. This writ petition is, accordingly, disposed of with a direction that in the event the Petitioner moves an application for early consideration of petition under Section 5 of the Limitation Act for condonation of delay in filing R.P. Case No.810 of 2017 stated to be pending before the Commissioner, Consolidation & Settlement, Odisha, Cuttack-Opposite Party within a period of two weeks hence, he shall do well to consider and dispose of the said application within a period of two weeks from the date of filing of such application along with certified copy of this order and shall take follow up action for expeditious disposal of petition filed under Section 5 of the Limitation Act, if there is no legal impediment Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge jm