Suka Rana And Others vs Collector
2023 Latest Caselaw 3747 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.A. No.122 of 2022

            Suka Rana and others                         ....             Appellants
                          M/s. Prakash K. Mishra and Associates, Advocates
                                       -versus-
            Collector, Nayagarh and otohers          ....       Respondents
                      Mr. Debakanta Mohanty, Addl. Government Advocate

            CORAM:
            THE CHIEF JUSTICE
            JUSTICE G. SATAPATHY

                                         ORDER

Order No. 18.04.2023

02. 1. The challenge in the present writ appeal is to an order dated 29th November, 2021 passed by the learned Single Judge dismissing CMP No.689 of 2020 filed by the Appellants on the ground of delay in filing the writ petition to question an order passed on 4th July, 2017 by the District Judge, Nayagarh dismissing CMA No. 12 of 2009 which was an application for substitution of the legal heirs of the Defendant in Title Suit No. 6 of 2001 pending in the Court of the Additional Civil Judge (Junior Division), Khandapada.

2. The present writ appeal against an order passed by the learned Single Judge in exercise of the jurisdiction under Article 227 of the Constitution of India is not maintainable by virtue of the judgment of full Bench of this Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz 2008(II) OLR (FB) 725 which has been affirmed by the Supreme Court in Mahammed Saud v. Dr. (Maj) Shaikh Mahfooz (2010) 13 SCC 517.

3. Even on merits, the learned Single Judge was perfectly justified in declining to condone the extraordinary and unexplained delay of over three years in filing the CMP. Consequently, the present writ appeal is dismissed.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge Priyajit