Suresh Agarwal vs Collector
2021 Latest Caselaw 11730 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.A. No.260 of 2021


            Suresh Agarwal                                  ....            Appellant
                                                        Mr. Subrat Mishra, Advocate
                                             -versus-
            Collector, Sundargarh and others                ....          Respondents
                                                                       Mr. S.N. Das
                                                        Additional Standing Counsel
                                                         Mr. Nirod Sahoo, Advocate
                                                               For Respondent No.5

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE A.K. MOHAPATRA

                                             ORDER

Order No. 15.11.2021

09. 1. Mr. Mishra, learned counsel for the Appellant submits that he should be made a party in Misc. Case No.2 of 2020, which is now pending before the learned Additional District Magistrate, Sundargarh. Mr. Sahoo, learned counsel appearing on behalf of the Respondent No.5 maintains that the present Appellant is already a party in the aforesaid Misc. Case. However, this is disputed by the learned counsel for the Appellant.

2. Be that as it may, in the event the Appellant is not already a party in the aforesaid Misc. Case No. 2 of 2020 pending before the learned Additional District Magistrate, Sundargarh, the Appellant be so impleaded, on the strength of the present order of this Court and be heard in the said proceeding.

3. After such impleading, the Appellant be given adequate opportunity of hearing by the Additional District Magistrate, Sundargarh on the documents furnished concerning with the Appellant in accordance with law.

4. The impugned judgment of the learned Single Judge shall stand modified accordingly.

5. The appeal is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge R.K. Singh/Jagabandhu