Orissa High Court
Unknown vs Hon'Ble The Chief Justice Mr. Mohammad ... on 10 November, 2020
Bench: Mohammad Rafiq, B.R. Sarangi
W.P.(C) No.25332 of 2020
HON'BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON'BLE DR. JUSTICE B.R. SARANGI
3 10.11.2020 Mr. S.K. Mallick : For the Petitioners
Mr. D. Mohanty, AGA : For State O.Ps.
ORDER
Heard learned counsel for the parties by video conferencing mode.
The petitioner has filed the writ petition seeking direction to opposite party no.3-Tahasildar, Bhubaneswar to settle the case land consisting Hal Plot No.1674, Ac 0.064 dec out of Ac 0.095 dec and Hal Plot No.1679 Ac 0.300 dec in toto Ac 0.364 dec under Hal Khata No.2077 of mouza- Sankarpur, P.S. Chandaka, No.55, Tahasil-Bhubaneswar, district-Khurda in favour of the petitioner on the basis of 'K' Form issued on 16.12.2011, conversion under Section 8(A) of O.L.R. Act, rent receipt and physical possession, following the provisions laid down under the OGLS Act, 1962.
Mr. S. K. Mallick, learned counsel for the petitioner contended that the petitioner is in possession of the schedule land mentioned as above and, as such, pursuant to Form 'K' prescribed under Rule-104, intimation slip for conversion of land under Section-8(A) of the O.L.R. Act, 1965 was issued in favour of the petitioner on 16.12.2011. It is contended that the petitioner has paid requisite dues as claimed by the authority and, as such, till date the land in question has not been settled in favour of the petitioner. Therefore, the petitioner has approached this Court by filing this writ petition.
-2-Mr. D. Mohanty, learned Additional Government Advocate contended that in misconception of fact the petitioner has approached this Court for settlement of land relying upon Form-'K' issued on 16.12.2011, which is nothing but an intimation slip for conversion of land under Section-8(A) of the O.L.R. Act, 1965. It is contended that settlement of land in favour of the petitioner is completely different than that of the conversion of land under the O.L.R. Act, 1965. As such, under the OGLS Act, the petitioner has to make an appropriate application in prescribed form for settlement of land in his favour, but nothing has been placed on record indicating that the petitioner has applied for settlement of land in prescribed form before the competent authority. In absence of the same, the writ petition is liable to be dismissed.
Having heard learned counsel for the parties, this Court made a query from learned counsel for the petitioner whether the petitioner has submitted any application under the OGLS Act, but learned counsel for the petitioner failed to produce any document indicating that the petitioner has applied under the prescribed form for settlement of land in his favour. However, reliance has been placed on the representation dated 07.02.2000, wherein it has been specifically mentioned that the petitioner was maintaining his livelihood on daily wage basis and he was allotted a piece of land measuring Ac. 0.488 dec under sabik plot no.250/1346 under khata no.421(424.62) of mouza- Sankarpur in nearby his village for under approved lease principle vide order passed in W.L. Lease Case No.885 of 1972 and patta was also issued in his favour on 'Dakhal -3- Satwa Sunya since 1973 status' and, as such, the petitioner is staying there by constructing a thatched house and cultivating seasonal Rabi Fasal since the date of allotment without any interruption. When he came to know that the said land has been resumed vide order dated 28.02.2000 by resumption Misc. Case No.872 of 2000 arising out of W.L. Lease Case No.885 of 1972, he applied for the certified copy of the said order, but as the same was not issued, he approached this Court by filing W.P.(C) No.14892 of 2006 and this Court vide order dated 11.12.2006 disposed of the said writ petition with a direction to the Tahasildar, Bhubaneswar to issue certified copy of the said order within a period of two weeks from the date of submission of the said order. Even if the petitioner submitted the said order in the first week of January, 2007, the same has not yet been issued due to non-availability of resumption record.
In any case, it is contended that by virtue of the intimation slip for conversion of land under Section 8(A) of the OLR Act in prescribed form 'K' in O.L.R Case No.12635 of 2011, claim has been made to settle the land in favour of the petitioner. Since the petitioner claims that the Government land should be settled in his favour, unless he makes an application in the prescribed form under the OGLS Act before the appropriate authority, question of consideration for settlement of the land does not arise.
In view of such position, this Court disposes of the writ petition permitting the petitioner to make an application in prescribed form under OGLS Act for settlement of the Government land before the Tahasildar, -4- Bhubaneswar-opposite party no.3, who shall consider the same and pass appropriate order in accordance with law.
As COVID-19 pandemic situation is continuing, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
(Dr. B.R. Sarangi) (Mohammad Rafiq)
Judge Chief Justice
Alok/Ashok