AHO/52/2000 of SPL.LAND ACQUISITION Vs MARIAM BIBI on 8 November 2006

ORISSA HIGH COURT, CUTTACK

A.H.O. NO.52 OF 2000

In the matter of an appeal under the Letters Patent arising out of the order dated 19.11.1999 passed by a learned single Judge of this Court in First Appeal No.261 of 1998.

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Special Land Acquisition Officer, LanjigarhRoad-Junagarh Rail Link Project, Bhawanipatna ……… Appellant

Versus

Mariam Bibi

……… Respondent

For Appellant - Mr. Suraj Mohanty,

Addl. Standing Counsel

For Respondent - M/s S.B.Choudhury, P.C.Choudhury and S.B.Mohapatra -------- PRESENT:- THE HON’BLE MR. JUSTICE P.K.TRIPATHYAND

THE HON’BLE MR. JUSTICE PRADIP MOHANTY

---------------------------------------------------------------------------------------Date of hearing and judgment : 08.11.2006--------------------------------------------------------------------------------------- Heard.

2. Mr. Mohanty, learned Additional Standing Counsel, is unable to satisfy us about any illegality in the impugned order passed by the learned single Judge on 19.11.1999 in rejecting the application under section 5 of the Limitation Act. We have perused the application under section 5 of the Limitation Act and the facts asserted in paragraphs 2 to 6 thereof do not constitute “sufficient cause or even good cause” for condonation of delay. That principle having been followed by learned single Judge in the impugned judgment, we do not find any illegality in that order so as to invoke our jurisdiction under the Letters Patent.

3. Under such circumstances, we do not find any merit in this appeal and the same is accordingly dismissed. No costs.

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P.K.Tripathy,J.

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Pradip Mohanty, J.

Orissa High Court, CuttackNovember 8, 2006 /Samal