Ladu Kishore Mohapatra v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OA) No. 93 of 2012 Ladu Kishroe Mohapatra ....
Petitioner None -versusState of Odisha & another ....
Opp. Parties Mr. Dhananjay Mund, Addl. Govt.
Advocate
CORAM:
JUSTICE M.S. SAHOO Order No.
ORDER
23.02.2022 01.
This matter is taken up through hybrid mode.
RJ None appears for the petitioner.
The writ petition has been registered before this Court on 6th August, 2021 after the original application was transferred from the learned Orissa Administrative Tribunal, Principal Bench, Bhubaneswar upon its abolition.
On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 27.06.2017.
The original application was filed in the year 2012 before the learned Tribunal when the applicant was 62 years, seeking relief in the form of setting aside the order (Annexure-7), directing recovery of Rs. 67,200/-. On perusal of the available records, the said order of recovery has not been annexed before the learned Tribunal though mentioned in the body of the application marked as Annexure-7.
As per the counter filed on behalf of the respondents verified on 25.05.2012, the said order of recovery is annexed and marked as Annexure-H.
The prayer of the interim relief was rejected by the learned Tribunal by order dated 21.03.2012.
// 2 // It is submitted by the learned Addl. Govt. Advocate that the amount of recovery is just and proper for the fact that the assessment of the house-rent is as per Finance Department Resolution dated 15.12.2010 (Annexure-F to the counter affidavit).
The applicant having not challenged the validity of the notification which is in the nature of a executive instruction by the orders of His Excellency Governor of Odisha, challenged only to the recovery would not sustain.
It is further submitted by the learned Addl. Govt. Advocate that since the interim prayer to stay recovery was rejected on 21.03.2012, by efflux of time, nothing survives for adjudication.
This Court finds the merits in the submissions of the learned counsel for the State and accordingly, the writ petition is dismissed being devoid of any merit.
However, it is clarified that the petitioner would have the liberty to revive the petition within 90 days, for any surviving cause of action.
(M.S. Sahoo) Judge