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2005 Supreme(Ori) 173

M.M.DAS
Sarojini Mallick – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. M. C. Jena, P. K. Tripathy, R.K. Sahoo, S. Das and M. Jena
For Opp.Parties:Addl.Government Advocate

ORDER

M. M. DAS, J. — The petitioner has filed this writ applica¬tion challenging the order dated 23.5.2003 passed by the Addl. District Magistrate, Khandhamal-Phulbani in O.P.L.E. Revision Case No.1 of 2003 rejecting the revision application of the petitioner by passing the following order :

“This is put up today, I have heard the learned Advocate for the petitioner. This is barred by limitation as it is filed after eleven months from the date of orders of the lower Court. There has been no application for condonation of delay. I am not inclined to admit the petition.

Pronounced in the open Court.”

The said order has been annexed to the writ petition as Annexure-8.

Mr. Jena, learned counsel for the petitioner submits that the Addl. District Magistrate has committed an error apparent on the face of the order quoted above by rejecting the revision application on the ground of limitation as there was o accompany¬ing application for condonation of delay. He submits that the power of revision under the O.P.L.E. Act, 1972 (hereinafter referred to as ‘the Act’) is provided under Section 12(2) of the said Act and Section 13 of the said Act provides a period of thirty days as prescribed
















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