LAWS(ORI)-2022-1-191

GADADHAR NAYAK Vs. STATE OF ODISHA

Decided On January 25, 2022
GADADHAR NAYAK Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) At the outset, we are reminded of the erudite words written by Justice A.K.Ganguly, a former Chief Justice of this Court and former Judge of the Supreme Court of India in Dalip Singh -vrs.- State of Uttar Pradesh and others: (2010) 2 Supreme Court Cases 114, which has been extracted and reproduced here in below:

(2.) The present writ application has been filed assailing the order dtd. 27/6/1992 passed by the Additional Tahasildar- cum-O.E.A. Collector- Banpur, in O.E.A. Case No.95 of 1987 (Annexure-3), order dtd. 22/8/1995 passed by the O.E.A. Collector-cum-Additional Tahasildar, Banpur in O.E.A. Misc. Case No.1 of 1995 (Annexure-4) and order dtd. 30/3/1996 passed by the learned Member, Board of Revenue, Odisha, Cuttack in O.E.A. Revision Case No.20 of 1995 (Annexure-5).

(3.) Initially the above noted writ petition was filed by one Gadadhar Nayak in the year 1996. During the pendency of the present writ petition, Gadadhar Nayak has died on 5/8/2011 leaving behind his only daughter namely, Sujata Mohapatra as his only legal heir. On an application bearing Misc. Case No.251 of 2013 filed at the instance of said Sujata Mohapatra, this Court vide order dtd. 30/11/2016 has allowed the application for substitution bearing Misc. Case No.251 of 2013 and accordingly she has been substituted in place of the deceased original Petitioner.