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Orissa High Court

Banamber Hatua vs State Of Odisha And Others .... Opposite ... on 5 April, 2021

Author: B. P. Routray

Bench: B. P. Routray

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   W.P.(C) No.2449 of 2021


                 Banamber Hatua                          ....               Petitioner
                                                              Mr. S. K. Samantaray,
                                                                          Advocate
                                              -versus-
                 State of Odisha and others              ....    Opposite Parties
                                                                Smt. S. Patnaik,
                                                Additional Government Advocate

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE B. P. ROUTRAY


                                         ORDER

Order No. 05.04.2021

02. 1. This matter is taken up by video conferencing mode.

2. The challenge in the present petition is to an order passed by the Director of Estates, General Administration and Public Grievance Department, Government of Odisha on 22nd December 2020, rejecting the Petitioner's prayer for allotment of an encroached Government land measuring Ac.0.040 decimal, arising out of Ac.4.851 decimal in Revenue Plot No.233 (pt) under Khata No.1154 in Mouza-Jagamara, Bhubaneswar.

3. The ground on which the prayer of the Petitioner was rejected is that the Petitioner's claim that he was eligible under the Green Card Holder Policy (GCHP) was found untenable since at present "there is no policy of the GA and PG Department for allotment of land to Green Card Holder."

4. Mr. Samantaray, learned counsel however seeks to contend that an application had been filed by the Petitioner on 7th December 2005, before the Tahasildar, Bhubaneswar (Opposite Party No.5) for allotment of the said land in his favour and that notwithstanding the withdrawal of policy of allotment of land to Green Card Holders, his application should be asked to be disposed of in terms of Rule 5-B of the Orissa Government Land Settlement Amendment Rules, 2010 (OGLS Rules). He also refers to an earlier order dated 15th October, 2020 of learned Single Judge of this Court in W.P.(C) No.23751 of 2020, which required the Petitioner's case to be disposed of in accordance with law.

5. As far as the above submission is concerned, although Rule 5-B of the OGLS Rules provides for settlement of Khasmahal, Nazul, Gramakantha Paramboke and Abadi lands, the fact remains that the claim of the Petitioner is based on he is being entitled to such allotment in terms of a policy resolution dated 19th October 1983, regarding allotment of land to Green Card Holders.

6. It is pointed out by Smt. Patnaik, learned Additional Government Advocate that the said policy since stands withdrawn.

7. In that view of the matter, the question of entertaining the Petitioner's prayer for allotment of the encroached Government land in his favour in terms of the aforementioned policy does not arise.

8. The Court is unable to find any ground for interference with the impugned order. The writ petition is accordingly dismissed.

9. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.

(Dr. S. Muralidhar) Chief Justice (B.P. Routray) Judge M. Panda Page 3 of 3