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2026 DAILYLAW 329 (ORI)

PRADEEP KUMAR UPADHAYA v. ADDL. JOINT COMMISSIONER, SETTLEMENT AND CONSOLIDATION, BALASORE

WP(C)/1520/2026 · 2026-02-09

Sashikanta Mishra

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 | P a g e IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C).No. 1520 of 2026 Pradeep Kumar Upadhaya & Anr `…. Petitioners Represented by Mr. S.K.Mishra, Senior Advocate with Mr. J.Pradhan, Advocate -Versus - Addl. Joint Commissioner, Settlement and Consolidation, Balasore & Ors …. Opposite Parties Represented by Mr. S.S.Routray, ASC CORAM: JUSTICE SASHIKANTA MISHRA ORDER_ 09.02.2026 1. This matter is taken up through hybrid mode. 2. The impugned order was passed way back on 03.07.2024 for which, this Court was ordinarily not inclined to entertain the writ application due to the unexplained delay in approaching this Court. 3. Learned counsel for the petitioner seeks time on the last date to obtain appropriate instructions from his client. 4. Today, when the matter is listed, Mr. S.K.Mishra, learned Senior counsel submits that the ground on which the revision was dismissed, that is pendency of the civil suit, no longer subsists as the civil suit has in the meantime attained finality with its dismissal. He furnishes copy of the judgment passed in C.S. No. 854 of 2004 Order No. 01. 2 | P a g e passed by the learned Second Additional Civil Judge, Balasore. He seeks liberty to approach the Additional Commissioner again in view of the changed circumstances. 5. Learned State counsel has no serious objection to the prayer seeking liberty as above. 6. The writ application is therefore, disposed of granting liberty to the petitioner to approach the Additional Commissioner by filing a fresh revision petition, highlighting the change in the circumstances. If such revision is preferred within ten days from today, the same shall be considered by the revisional Court in accordance with law. (Sashikanta Mishra) Judge Deepak