STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA REVISION PETITION NO. SC/21/RP/7/2025 (Against the Order dated 29th March 2023 in Appeal DC/358/CC/9/2022 of the District Consumer Disputes Redressal Commission Kalahandi)

UPENDRA KUMAR BEHERA PRESENT ADDRESS - S/O LATE JUGAL KISHOR BEHERA AT DEWANSAHIB PADA,PO/PS BHAWANIPATNA KALAHANDI,ODISHA.

.......Petitioner(s)

Versus EXECUTIVE ENGINEER KALAHANDI EAST ELECTRICAL DIVISION PRESENT ADDRESS - AT/PO/PS-BHAWANIPATNA DIST-KALAHANDI,ODISHA KALAHANDI,ODISHA.

SUB DIVISIONBAL OFFICER SECTION II PRESENT ADDRESS - KALAHANDI EAST ELECTRICAL DIVISION AT/PO/PS-

BHAWANIPATNA DIST-KALAHANDI,ODISHA KALAHANDI,ODISHA.

.......Respondent(s)

BEFORE:

HON'BLE MR. DILIP KUMAR MOHAPATRA. , PRESIDING MEMBER HON'BLE MR. PRAMODE KUMAR PRUSTY. , MEMBER FOR THE PETITIONER:

SURYA SNATA MOHAPATRA (Advocate)

FOR THE RESPONDENT:

SRI BIKASH MOHAN DAS & ASSOCIATES (Advocate)

DATED: 23/07/2025

ORDER

I.A.380/2025 This is an application for condonation of delay. Office pointed out 70 days delay in filing the Revision Petition. Counsel for the Revision Petitioner submitted that the Revision Petitioner is aged about 73 years old and was appearing before learned District Commission in person, due to his illness he could not appear on 08.08.2024 for which the Execution case has been dismissed. Counsel for the Respondent vehemently opposed the application for condonation of delay.

There is a delay of 70 days in filing the Revision Petition as stated by the petitioner.

Counsel of Revision Petitioner submitted that the impugned order was passed on 08.08.2024. The petitioner had no knowledge about the impugned order. On enquiry the decree holder came to know that the execution case has been dismissed due to non prosecution and non appearance. The petitioner has stated in the application for condonation of delay that the file was misplaced in the office of conducting counsel and record was found only on 14.01.2025 thereafter Revision petition has been filed on 18.01.2025.

The Opp Party has not filed any objection to the application for condonation of delay.

Heard counsels appearing for the parties. Perused the records. In the interest of justice the delay is condoned.

R.P.07/2025 Admit.

Counsel appearing for both the parties prayed to dispose of the matter at the stage of admission since the matter has been dismissed for non prosecution.

The present Revision Petition has been filed challenging the order of learned District Commission, Kalahandi dated 08.08.2024 passed in Execution proceeding No. 16/2023 arising out of C.D. Case No. 09 of 2022.

The Opp party has already received the copy of revision petition.

Heard learned counsels appearing for the parties.

Perused the records.

Hon’ble apex court in case of Periyammal (dead) through LRS and Ors Vrs V. Rajamani & anr vide its order dt. 06.03.2025 has held as under :

xxxxx xxxxx xxxxx “75. In view of the aforesaid, we direct all the High Courts across the country to call for the necessary information from their respective district judiciary as regards pendency of the execution petitions. Once the data is collected by each of the High Courts, the High Courts shall thereafter proceed to issue an administrative order or circular, directing their respective district judiciary to ensure that the execution petitions pending in various courts shall be decided and disposed of within a period of six months without fail otherwise the concerned presiding officer would be answerable to the High Court on its administrative side. Once the entire data along with the figures of pendency and disposal thereafter, is collected by all the High Courts, the same shall be forwarded to the Registry of this Court with individual reports.

79. The Executing Court shall now proceed to ensure that vacant and peaceful possession of the suit property is handed over to the appellants in their capacity as decree holders and if necessary, with the aid of police. This exercise shall be completed within a period of two months from to