Orissa High Court
WP(C)/8610/2021 on 13 April, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
W.P.(C) No.8610 of 2021
2. 13.04.2021 This matter is taken up through video conferencing
mode.
2. Heard Mr. Tusar Kumar Mishra, learned counsel for
the petitioners and Mr. Dillip Kumar Mishra, learned
Additional Government Advocate for the State-opposite
parties.
3. The petitioners in this writ petition pray for a
direction for early disposal of Legal Heir Miscellaneous
Appeal No.6 of 2018 (arising out of Legal Heir Certificate
Case No.79 of 2016 of Tahasildar, Puri) pending before
the Sub-Divisional Magistrate-cum-Sub-Collector, Puri.
4. Mr. Mishra, learned counsel for the petitioners
submits that due to delay in disposal of the appeal, the
petitioners are facing difficulties as the petitioner no.2 is
being compelled to pay 1/5th share of the TRCA of the
husband of the petitioner no.1 to opposite party nos.1
and 2. It is his submission that the matter is otherwise
ready for hearing and there is no legal impediment for
early disposal of the appeal. Hence, he prays for the
aforesaid relief.
5. Mr. Mishra, learned Additional Government
Advocate for the State, on the other hand, submits that
he has no instruction with regard to the status of the
appeal as aforesaid. However, if the matter is otherwise
ready for hearing, a direction may be issued for early
disposal of the same in accordance with law.
6. Taking into consideration the submissions made by
learned counsel for the parties, this Court without
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expressing any opinion on the merits of the case of the
petitioner, disposes of the writ petition with a direction
that in the event the petitioners file an application for
early disposal of Legal Heir Miscellaneous Appeal No.6 of
2018 (arising out of Legal Heir Certificate Case No.79 of
2016 of Tahasildar, Puri) before the Sub-Divisional
Magistrate-cum-Sub-Collector, Puri-opposite party no.4
stating the grounds therein within a period of two weeks
hence along with an authenticated copy of this order
downloaded from the website of the Orissa High Court, he
shall do well to consider the same and dispose of the
appeal in accordance with law as expeditiously as
possible preferably within a period of six months from the
date of filing of such application, if there is no legal
impediment.
6.1. As the restrictions due to the COVID-19 situation
are continuing, learned counsel for the parties may utilize
a soft copy of this order available in the High Court's
website or print out thereof at par with certified copy in
the manner prescribed vide Court's Notice No. 4587 dated
25th March, 2020.
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K.R. MOHAPATRA,J.
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