RAJENDRA KUMAR SAHA Vs. BARIPADA MUNICIPALITY AND OTHERS

JUDGEMENT

(1.) Grievance of petitioner in this writ application is that appeal filed by Baripada Municipality (opp. party No. 1) under Section 60 of the Orissa Public Demands Recovery Act, 1962 (in short, the 'Act') was admitted after consideration of delay and allowed, even without a notice to the petitioner who was respondent in the said appeal.

(2.) Order sheets in Certificate Appeal Case No. 26 of 1993 speak eloquently about procedure adopted by the Appellate Authority. The Revenue Officer of the Collectorate received appeal memo on 21.12.1993 and placed the same before the Addl. District Magistrate, Baripada (in short, 'A.D.M.') for hearing on admission. It was taken up on 3.1.1994 and as none was present, the case was posted to 10.1.1994 for hearing on admission. On that date, the case was adjourned to 17.1.1994 as A.D.M. had no time to take up the matter. On 17.1.1994 Advocate for appellant was present, and he was heard on the question of admission. Appeal was admitted and was heard on merits that very day, and was posted to 28.2.1994 for orders.

(3.) As orders were not ready 28.2.1994, the case was adjourned to 21.3.1994 for orders. On that date orders were not ready, and case was adjourned to 31.3.1994. Order has been passed on 31.3.1994, setting aside orders of original forum and case was remanded to it. A bare look at the Orders passed shows that appeal was admitted, heard on merits on 17.1.1994, even without notice to the respondent, and/by final order dated 31.3.1994, order passed by the original authority in his favour was set aside.