PRAFULLA CHANDRA SAHU Vs. COLLECTOR, BHADRAK

JUDGEMENT

(1.) THE Appellants have filed this appeal questioning the correctness of the impugned Order Dated 18.3.2008 passed in W.P.(C) No. 3287 of 2008 and Order Dated 11.1.2011 passed in Misc. Case No. 20148 of 2010 where the learned Single Judge declined to recall the said order sought for on the ground that the Appellants were not served with the notice and thereby the Order Dated 18.3.2008 is in violation of the principles of natural justice. It is also stated that learned Single Judge has failed to exercise his discretionary power though the Appellants have brought to his notice that the orders sought to be recalled is an ex parte order.

(2.) LEARNED Single Judge while disposing of the Writ Petition directed the Tahasildar, Bhadrak to take up the OLR Case No. 37 of 2001 and dispose of the same as early as possible, preferably, within a period of three months from the date of receipt of certified copy of that order and further direction was given to the Special Planning Authority, Bhadrak to conclude the proceeding initiated against the Opp. Party No.6 under Annexure -10 to the Writ Petition within a period of three months from the date of receipt of certified copy of the order. The respective authorities were also directed to take immediate steps to prevent water logging by removing unauthorized constructions if any, over the land which is recorded as 'Jalasaya'.

(3.) BEING aggrieved by the said order, the present appeal is flied by the Appellants. The same is supported by a Miscellaneous Application seeking condonation of delay which was allowed in view of the principles laid down by the Hon'ble Supreme Court in the case of State of Bihar and Ors. Vs. Kameshwar Prasad Singh and Anr., reported in AIR 2000 SC 2306. Having regard to the facts and circumstances of the case accepting the aforesaid principles laid down by the Supreme Court, the provisions of Section 5 of the Limitation Act are applicable to these proceedings in view of Section 29(2) of the Limitation Act to the Letters Patent Appeal is the view taken by the Supreme Court in the case of Union of India and Anr. Vs Ram Kanwar and Ors., reported in AIR 1962 SC 247.