BEFORE THE BOARD OF REVENUE: CUTTACK
MISC CASE No. OF 2024
(Arising out of OSS CASE NO.1059 OF 2019)
In the matter of:
An application under U/O-9,Rule-4 of CPC
AND
In the matter of : An application for Restoration of OSS CASE
NO.1059 OF 2019 with recalling the order
dtd.9.6.23
In the matter of:
1) Khirod Chandra Mallick, aged 68 yrs, S/o-Late
Pawan Mallik vill/po-Mashara, Ps-Binjharpur ,Dist-
jajpur, …….APPELLANT
-VERSUS-
1) Tahasildar, Bhubaneswar, Po/ps- Bhubaneswar,
Dist-khurdha
2) R.I Chandaka, Po/Ps- Chandaka Dist-khurdha
3)Bula Nayak,S/o- Sona Nayak, vill-similipatana, Ps-
Chandaka, Dist-khurdha
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4) lova Bewa, w/o-late Rusi nayak, Vill-similipatana,
Ps-Chandaka, Dist-khurdha ….OPP.PARTIES
…..… RESPONDENTS
The matter out of which this CMAPL application arises of the
petitioners/Appellants was never before this Hon’ble court in the present
form what-so-ever as per instruction receive.
The humble petition of the
above named petitioner.
MOST RESPECTFULLY SHWETH:
1) That, the petitioner filed the above case correction of ROR in the name
of the petitioner.
2) That, after admission direction was issued to the petitioner’s counsel to
file substitution petition for opp-party no-4 and correct address for opp-
party no-
3) That, it is necessary to mention here that the abovementioned case the
previous Counsel have not seen the list and on the date i.e.,
06.05.2022 when the matter was called no one appeared for which the
matter has been dismissed for want of prosecution.
4) That it is submitted that the petitioners/ Appellants due to COVID-19
did not contract the counsel regularly and neither the counsel informed
the petitioner/ Appellant for this. when the petitioners/ Appellants
enquired into the matter personally , as to why the case has not been
listed they came to know that the matter has been dismissed due to
want of prosecution on dated 06.05.2022
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5) That, the petitioner is a Govt employee, if a proper chance not be
given to the petitioner/Appellant to put his grievance they will suffer
irreparable loss and injury which cannot be compensate in any
manners.
6) That, the petitioners should not suffer due to action of the Advocate
7) That, the petitioner has the other grounds to seek indulgence of this
Hon’ble Court which shall be placed or add further at a later stage
and/or at the time of hearing by reserving their rights to do so.
8) That, unless the aforesaid CMAPL of the petitioners has been allowed,
the petitioner will be remediless and suffer irreparable loss which
cannot be compensated in any manner for which file the present
CMAPL or can be said has chosen to approach this Hon’ble Court for
invoking the power vested under Chapter-VIII, Rule-30 of Orissa High
Court Rules, for restoration to the file and he be allowed to place the
case for the best adjudication of the matter.
PRAYER
The petitioners/Appellants therefore most respectfully prays that in view
of submission made above your lordships would graciously be pleased
enough to allow the CMAPL application and to restore the order
dated 06.05.2022 passed in W.P(c)(OAC) No.593 OF 2015 may be
recalled which has been passed/dismissed due to non-appearance/want
of prosecution of the Counsels.
And pass such further order/ orders, direction/ directions as are
deemed just & proper by granting full relief to the petitioner.
And for which act of kindness, the petitioner shall as in duty
bound ever pray.
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Cuttack By the petitioner through
Date: Advocate
AFFIDAVIT
I, Prasanta Kumar Jena, aged about 54 years, S/O-late Sasadhar Jena,
At/Po- QRno-E-2/1 ,P.S-Chauliaganj, Dist-Cuttack, do hereby
solemnly affirm and state as follows:-
1) That I am the petitioner/Appellant in this Case, and swear this
affidavit
2) That the facts stated above are all true to the best of my
knowledge and belief.
Identified by
ADVOCATE DEPONENT
CERTIFICATE
Certified that due to non availability of cartridge papers this has been
typed in white papers.
Cuttack By the petitioner through
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Date: Advocate
