Orissa High Court
M/S. Swastik Builders And Developers vs Kuni @ Kunilata Jena And Others .... Opp. ... on 2 September, 2024
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
RVWPET NO. 95 OF 2024
M/s. Swastik Builders and Developers .... Petitioner
Pvt. Ltd.
Mr. S.S. Bhuyan, Advocate
-versus-
Kuni @ Kunilata Jena and others .... Opp. Parties
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 02.09.2024
I.A. No.162 of 2024
1. 1. This matter is taken up through hybrid mode.
2. This is an application for grant of leave to the Petitioner to move the review petition.
3. Considering the submission made, leave to move the review petition is allowed.
4. The I.A. is disposed of.
(K.R. Mohapatra) Judge RVWPET NO. 95 OF 2024 & I.A. No.128 of 2024
2. 1. This matter is taken up through hybrid mode.
2. I.A. No.128 of 2024 has been filed by the Petitioner for condonation of delay of 831 days in filing the review petition.
3. Mr. Bhuyan, learned counsel for the Petitioner submits that although the review Petitioner had purchased the suit property in question, by the time the writ petition was moved and it was within the knowledge of the writ Petitioner. But suppressing the same, the writ petition was moved and an Page 1 of 2 innocuous order for early disposal of the Mutation Case No.6029 of 2014 was obtained. The Petitioner had no knowledge about the same. He only came to know about the pendency of the mutation case as well as the order passed in the writ petition on 12th April, 2024 when the R.O.R. was prepared in the name of the writ Petitioner and was uploaded in Bhulekh portal of the Government of Odisha. He, therefore, prays for condoning the delay in filing the review petition and to entertain the same on merit.
4. Taking note of the submission made by learned counsel for the Petitioner, this Court finds that there is no material on record to show as to when R.O.R. was uploaded in Bhulekh portal of the Government of Odisha. If the Petitioner has purchased the suit property and is in possession as claimed by him, then there is no reason as to why the Petitioner could not know about the same earlier. It further appears that merit of the case of either of the parties in the mutation case was not gone into by this Court while disposing of W.P.(C) No.18150 of 2017 on 14th December, 2021.
5. In that view of the matter, this Court does not find any sufficient cause and is not inclined to condone the inordinate delay of 831 days in filing the review petition.
6. Accordingly, the I.A. is dismissed.
7. Consequently, the review petition also stands dismissed.
Signature Not Verified Digitally Signedbks (K.R. Mohapatra) Signed by: BIJAY KUMAR SAHOO Reason: Authentication Judge
Location: High Court of Orissa, Cuttack Date: 03-Sep-2024 18:05:25 Page 2 of 2