JOGI SAHU Vs. COLLECTOR CUTTACK

JUDGEMENT

(1.) Mistaken advice by lawyers have sometimes resulted in disastrous consequences, and the case at hand is one classic example.

(2.) . Certain lands owned by the petitioners were acquired for expansion of the Central Rice Research Institute in Cuttack pursuant to a notification published in the official gazette by the State of Orissa on 2-9-1971. The Collector, Cuttack passed award quantifying the entitlement of the petitioners at the rate of Rs. 7,500/ - per acre. The award made by the Collector was not accepted and on a dispute being raised the matter was referred to the learned Subordinate Judge, Cuttack. Due to non-appearance of the petitioners on 10-4-1975, the matter was disposed of by the reference Court with the following order :

(3.) . The primary question that has been urged for resolution is that the order passed by the reference Court was contrary to law and therefore, on mere technicalities a party should not be deprived of his entitlement. It is pleaded that due to mistaken legal advice, inappropriate steps were taken bona fide. Such a plea is countered by the learned counsel for the State on the ground that laches and negligent conduct of the petitioners is apparent and there is no scope for interference at this stage; the order passed by the reference Court was also appealable and the petitioners having not availed that remedy should not be permitted to agitate the correctness of the award in the present proceeding.