Orissa High Court Reopens Green Card Case After Review Petition Succeeds

Court Recognizes Error in Previous Judgment, Orders Fresh Hearing on Petitioner's Claim

In a significant development, the Orissa High Court has allowed a review petition, paving the way for a fresh hearing in the case of Geeta Rath versus the State of Odisha. The court's decision, delivered by Justice Sashikanta Mishra, acknowledges a procedural oversight in a previous judgment, which had dismissed Rath's writ petition due to a perceived delay in filing.

The case centers around the issuance of a Green Card to Rath, who underwent surgery for an ovarian cyst and tubectomy in 1998. Despite qualifying for the card under a government resolution, her application was initially rejected due to the unavailability of documents, a result of records being destroyed during the 1999 Super Cyclone. The writ petition she filed to challenge this rejection was dismissed earlier this year on the grounds of being a "stale claim" due to the delay.

In her review petition, Rath argued that the court did not consider that the government resolutions in question do not specify a time limit for applying for a Green Card. Her counsel, Mr. N. Rath, stressed that the delay was not raised during the original hearing, and her claim had not been rejected by authorities due to delay but due to document issues.

Justice Mishra, after hearing arguments from both sides, concluded that Rath was not given a fair opportunity to address the delay issue in her original hearing. He highlighted the principle that justice should prevail over procedural technicalities, citing past Supreme Court decisions that support review in cases of apparent judicial errors.

The court's decision to recall its previous judgment and order a fresh hearing underscores the judiciary's commitment to ensuring justice and correcting procedural errors. The case will now be relisted for hearing, giving Rath another opportunity to present her case for the Green Card.

Bottom Line:

Review jurisdiction can be exercised to prevent miscarriage of justice or correct grave and palpable errors committed by the Court, especially when a party has not been granted an opportunity to be heard on a particular point.

Statutory provision(s): Civil Procedure Code, 1908 Order 47 Rule 1

Geeta Rath v. State of Odisha, (Orissa) : Law Finder Doc Id # 2799845