Orissa High Court
WP(C)/7508/2018 on 7 May, 2018
W.P.(C) No.7508 of 2018
02. 07.05.2018 Heard learned counsel for the petitioner and
learned Additional Standing Counsel for the State.
In this writ application, the petitioner has
prayed for a direction to the Sub-Collector, Koraput,
District-Koraput - Opposite Party No.3 to accept Form
No.2 (Declaration) as per Section- 3 (B) of the Regulation-II
of 1956.
Petitioner alleged that non-acceptance of
return U/S. 3 (B) of Regulation- II of 1956 runs contrary
to the direction of this Court in a batch of writ petitions.
On perusal of one such order, this Court finds that
identical matters came up for consideration before this
Court in W.P.(C) No.10142 of 2015. A Single Bench of this
Court relying on the Order dated 09.05.2011 passed by a
Division Bench of this Court in W.P.(C) No.11562 of 2009
directed the authorities to accept the return of the
petitioner.
In view of the above, this Court directs that in
the event, the petitioner files Form No.2 return along with
a limitation application within a period of four weeks from
today before the Sub-Collector, Koraput, District-Koraput
- Opposite Party No.3, the same shall be accepted and the
delay be condoned provided the land, for which
permission was given, covers the land indicated in the sale
deed executed in favour of the petitioner. In the event, the
Sub-Collector, Koraput, District-Koraput - Opposite Party
No.3 accepts Form No.2 (Declaration) and proposes to
initiate any proceeding against the petitioner U/S. 3 (B) of
the Orissa Regulation- II of 1956, the return filed by the
petitioner shall be taken into consideration. Till
consideration of the return filed by the petitioner under
Section-3-B of Regulation 2 of 1956, status quo as on date
in respect of the land in question shall be maintained by
the parties.
The writ application is accordingly disposed of.
Urgent certified copy of this Order be granted
as per rules.
...............................
Balaram C.R. Dash, J.