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Orissa High CourtWP(C)/40380/2021disposed off

Sarojini Pradhan v. Tahasildar,Ambabhona

2022-01-06Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 40380 of 2021 Sarojini Pradhan & others ....

Petitioners Mr. Ashok Kumar Mishra, Advocate -versusTahasildar, Ambabhona and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R.MOHAPATRA Order No.

ORDER

06.01.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition seek to assail the final orders (Annexures-3, 7 and 9) respectively passed by the Tahasildar, Ambabhona in Mutation Case No.603 of 2013, Mutation Case No.956 of 2019 and Mutation Case No.128 of 2021.

3.

In course of hearing, Mr. Misra, learned counsel for the Petitioners prays for withdrawal of the writ petition to avail the statutory remedy under Rule 42 of the Orissa Survey & Settlement Rules, 1962. He prays for a direction to condone the delay in filing the appeal and the appeals be heard on its own merit giving opportunity of hearing to the parties concerned.

4.

Taking into consideration the submissions made, this writ petition is disposed of as withdrawn.

5.

It is made clear that in the even the appeal(s) is/are filed within a period of two weeks hence along with petition for condonation of delay enclosing the certified copy of this order,

// 2 // the appellate authority shall do well to consdier the delay liberally taking into consideration the pendency of the writ petition before this Court since 21st December, 2021 along with other grounds.

6.

Certified copy of the orders under Annexures-3, 7 and 9 be returned to learned counsel for the Petitioners on being substituted by authenticated photocopy thereof. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) Judge jm