Orissa High Court
Sidheswari Dalei And Another vs State Of Odisha And Others on 8 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.32186 OF 2022
Sidheswari Dalei and another .... Petitioner(s)
Mr.K.A.Guru,Adv.
-versus-
State of Odisha and others .... Opposite Party(s)
Mr.S.P.Panda,AGA
CORAM:
JUSTICE BISWANATH RATH
ORDER
Order No. 08.12.2022
02. 1. Heard learned counsel for the Parties.
2. This Writ Petition involves a challenge to the order dated
04.06.2020 involving an application under Section 22 of the O.L.R.
Act. Taking this Court to the manner of dismissal and that too
dismissing the proceeding during the Covid-19 period preventing the
citizens of the State having their normal moment at the relevant point
of time, Mr.Guru, learned counsel for the Petitioners thus contends
the order must go and looking to the nature of proceeding, Petitioners
should be provided with the opportunity of hearing and there should
be merit disposal of the proceeding involved.
3. Mr.Panda, learned Additional Government Advocate however
in reference to the Appeal provision under Section 58 of the Act
contends since the Petitioners have a statutory remedy of Appeal, this
Court should decline to entertain the Writ Petition and relegate the
Petitioners to the Appeal forum and thus praying for dismissal of the
Writ Petition.
// 2 //
4. Considering the rival contentions of the Parties and looking to
the nature of dismissal of the proceeding, for the opinion of this Court
relegating the Petitioners to Appeal forum will be simply wastage of
time. In the circumstance and looking to the nature of order
dismissing a duly constituted proceeding in absence of the Petitioners
and in dire Covid-19 conditions operating in the State, this Court
accept the plea of the Petitioners and thus inclined to interfere in the
order dated 04.06.2020. Setting aside the impugned order, remits the
matter back to the Sub-Collector, Boudh to recommence the
proceeding under Section 22 of the O.L.R. Act and disposing of the
same in accordance with law but in the involvement of the
Petitioners.
5. Since the matter is decided in participation of the Petitioners,
Petitioners are directed to appear before the Sub-Collector, Boudh on
15.12.2022 along with copy of the order of this Court and take date of
hearing. On the issue of point of law as to entertainability of a
proceeding under Section 22 of the Act, Mr. Guru, learned counsel
for the Petitioners attempted to take out the proceeding itself on the
basis of a judgment of this Court covering his case. It may be open to
the Petitioners to raise such contentions in the proceeding and
decision, if any, supporting the Petitioners may also be cited in the
proceeding.
6. The Writ Petition thus stands disposed of.
(Biswanath Rath)
Judge
Swarna
