Phula Dei Podh vs Special Land Acquisition
2023 Latest Caselaw 1871 Ori

Citation : 2023 Latest Caselaw 1871 Ori
Judgement Date : 28 February, 2023

Orissa High Court

Phula Dei Podh vs Special Land Acquisition on 28 February, 2023

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                L.A.A No.68 of 2022

                 Phula Dei Podh                      ....             Appellant

                                     Mr. A.K. Sahoo,
                                     Advocate

                                          -versus-
                 Special Land Acquisition            ....          Respondent
                 Officer, Nupada

                                     Mr. G. Rout,
                                     Additional Standing Counsel

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

Order No. 28.02.2023

L.A.A. No.68 of 2022 & I.A. No.215 of 2022

04. 1. This matter is taken up through hybrid mode.

2. As per the Office note, there is delay of 3632 days in filing the present Appeal.

3. To explain the delay, it has been pleaded that, against the impugned Judgment dated 12.09.2012, the Petitioner/Appellant filed an application under Section 151 C.P.C. on 01.08.2018 to restore the original case and set aside the Judgment dated 12.09.2012, which was ultimately rejected on 04.05.2022. After obtaining the copy of the said Order on 20.08.2022, the Appellant has preferred the present Appeal on 22.11.2022. From the Order dated 04.05.2022 passed in C.M.A. No.58 of 2018 (arising out of L.A.R. Case No.50 of 2008), which has been annexed to the I.A. as Annexure-A, is ascertained that the Court below rejected the said petition filed under Section 151 Cr.P.C. by passing a reasoned and speaking Order. Further the said rejection Order has not been challenged by the present Appellant and the said order has attained its finality. Hence, this Court is not inclined to condone the delay.

4. Accordingly, the I.A. for condonation of delay, so also the Appeal preferred under Section 54 of the Land Acquisition Act, 1894 stand dismissed on the ground of delay and laches.

(S. K. MISHRA) JUDGE

Prasant