Orissa High Court
WP(C)/5779/2019 on 7 January, 2020
Author: S.K.Sahoo
Bench: S.K.Sahoo
W.P.(C) No. 5779 of 2019
06. 07.01.2020 Heard learned counsel for the petitioner and
learned Addl. Government Advocate.
Petitioner in this writ petition seeks for a
direction to opposite party No.3-Tahasildar, Berhampur in
the district of Ganjam to delete the restriction reflected in
the remarks column of the R.O.R. under Annexure-3
forthwith and to issue a fresh R.O.R. in favour of the
petitioner.
Learned counsel for the petitioner contended
that the land under Hal Plot No. 796 under Hal Khata No.
523 measuring an area Ac.0.40 dec. of Mouza-Gopalpur was
settled with the petitioner with a condition that the land is
not transferable. The opposite party No.3 indicated the same
in the R.O.R. taking into account the fact that the kisam of
land is "Gramakantha Paramboke". He further submitted
that in the meantime the opposite party No.1 issued a
notification on 11.2.2010 amending the Orissa Government
ks
Land Settlement Rules. As per the aforesaid amendment
rules there is no provision to impose any restriction while
allowing settlement of land in the nature of "Gramakantha
Paramboke". Since the authority has not considered the
grievance of the petitioner hence the present writ petition.
The opposite party No.1 issued a notification on
11.2.2010 amending the Orissa Government Land
Settlement Rules. The relevant provision of the said rules
speaks as follows:-
"Rules for Settlement of Gramakantha
Paramboke, Abadi, Khasmahal and Nazul Lands
for homestead purpose.
2
1.
Persons eligible for settlement:- (a) A person who is
in possession of Gramakantha Paramboke or
Abadi (Basti) land in exercise of customary right or
usage or has acquired possession of such land by
way of transfer, through a registered deed of
conveyance, from a person who was in lawful
possession of such land in exercise of customary
right or usage; and
(b) A person who is in possession of
Khasmahal or Nazul land on the basis of lease
granted by the Government, whether renewed or
expired, or a registered sub-lease including
subsequent sub-lease granted by the lessee or the
sub-lessee, as the case may be, or by way of
transfer of such land, through a registered deed of
conveyance, from a lessee, sub-lessee or
subsequent sub-lessee shall be eligible for
settlement of land in his favour for homestead
purpose;
Provided-
(i)the person, including his lawful
predecessor(s) in-interest, was in possession of
such land for a period of at least three years prior
to the appointed date, i.e., 26th February, 2009;
and has submitted or submits a valid application
for such settlement within a period of six months
from the date of publication of Orissa Government
Land Settlement (Amendment) rules, 2010 or
within such further period as may be appointed by
a notification published in the official gazette from
time to time; and
(ii)the land has been used for homestead
purpose."
Considering the above in case the petitioner files
a application before opposite party No.3- Tahasildar,
Berhampur in the district of Ganjam in such event the
opposite party No.3 shall consider the application of the
petitioner in accordance with the amendment provision of
Orissa Government Land Settlement Rules within a period of
3
three months from the date of filing of such application after
giving opportunity of hearing to the petitioner.
..................
S. Panda, Acting Chief Justice ....................... S.K.Sahoo, J