Orissa High Court
WP(C)/8806/2018 on 18 May, 2018
W.P.(C) NO.8806 of 2018
02. 18.05.2018 Heard learned counsel for the petitioner
and learned Addl. Standing Counsel for the State.
In this writ application, the petitioner has
prayed for a direction to the Sub-Collector, Koraput,
District-Koraput- O.P. No.2 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- O.P. No.2, 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- O.P.
No.2 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.
...............................
Subha C.R. Dash, J.