Tankadhar Bhosagar v. Collector, Bargarh

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.30312 OF 2022 Tankadhar Bhosagar & Ors.

....

Petitioner(s) Mr.R.Ch. Rath, Adv.

-versusThe Collector, Bargarh & others ....

Opposite Party(s) Mr. S.P. Panda, AGA

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

15.11.2022 01.

1.

Heard the submission of learned counsel for the Petitioner. 2.

The Writ Petition involves an allegation on entertainment of amendment completely bringing new materials in revision stage. There is no dispute to the fact that the materials placed for consideration has not only been brought by a stranger, but the same has also involved a registered instrument. There is also no dispute with regard to the fact that such material has relevancy in the ultimate consideration of the case. This Court also finds, third party being aggrieved by the development by bringing himself to the process once effective adjudication of the dispute.

3.

In the circumstance though this Court does not find any substance in entertaining the writ petition, however for third party stranger brings a case for consideration in revision stage, this Court observes, fullest opportunity should be provided to the Opposite Parties in the revision to have their challenge to such introduction

// 2 // even at revision stage. This Court, therefore, directs, in the event any such objection at the instance of the Petitioners and the other Opposite Parties herein, the revisional authority shall do well in taking into account such objection at the time of undertaking an exercise for consideration of the merit of the matter. 4.

The writ petition stands disposed of with the above order. (Biswanath Rath) Judge Swarna