LAWS(ORI)-2007-5-31

SURESWAR BHOI Vs. UJAGAR URMA

Decided On May 11, 2007
Sureswar Bhoi Appellant
V/S
Ujagar Urma Respondents

JUDGEMENT

(1.) HEARD .

(2.) THIS writ petition has been filed challenging the order Annexure -4 passed by the Collector, Bargarh in Lease Revision Case No. 1 of 1997.

(3.) MR . Gautam Mishra, learned Counsel addressing on behalf of Mr. S.K. Padhi argues that in view of the fact situation involved in the case, petitioner could not have been aware of the order of settlement and soon after being aware about the order of lease he did not cause any delay and filed the appeal. He argues that in view of the ratio in the case of Collector, Land Acquisition, Anantnag and Anr. v. Mst. Katiji and Ors. AIR 1987 SO 1353 and Nand Kishore v. State of Punjab : (1995)6SCC614 , learned S.D.O. should have condoned the delay and heard the appeal on merit and on his failure to do the needful, learned Collector should have adopted that course. Accordingly petitioner prays to set aside the interim order and direct the Sub -Collector to hear and dispose of the appeal on merit.