Back
ORISSA HIGH COURT, CUTTACK
ANANDA CHANDRA BEHERA
Santosh Chandra Deo @ Manasingh Bhramarbar Ray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. delay in olr case disposal (Para 1 , 3) |
| 2. inherent power to reconstruct records (Para 4) |
| 3. direction for record reconstruction (Para 5 , 8) |
| 4. writ petition allowed (Para 6 , 7 , 9 , 10 , 11) |
JUDGMENT :
A.C. Behera, J.
This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Tahasildar, Krushnaprasad (Opposite Party No.4) in the district of Puri for disposing of the OLR Case No.51/76, because, in spite of direction given by the Sub-collector, Puri (Opposite Party No.3) in OLR Appeal No.02 of 2009 to the Tahasildar, Krushnaprasad (Opposite Party No.4), the said Opposite Party No.4 is not disposing of the said OLR Case No.51/76 only for the reason that, the records of OLR Appeal No.02 of 2009 are not traceable in its office, which is well evident in the order passed by the Sub- collector, Puri (Opposite Party No.3) in OLR Appeal No.02 of 2009. Because, in that order, it has been specifically stated that, the records of the OLR Case No.51/76 in the office of the Tahasildar, Krushnaprasad (Opposite Party No.4) are not traceable.
2. Heard from the learned counsel for the petitioner and the l
Court recognized the inherent power to reconstruct lost records based on authenticated copies, mandating efficient case resolution by public authorities.
Records lost due to time can be reconstructed using authenticated copies, retaining their legal validity.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
The scope of a Revisional Court's review is limited to legality and propriety of orders, not merits; failure to address key legal issues renders such orders unsustainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
