Orissa High Court
WP(C)/26621/2020 on 3 November, 2020
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
W.P.(C) No.26621 of 2020
02. 03.11.2020 Due to outbreak of COVID-19, this matter is taken
up through Video Conferencing.
Heard Mr. S. Mohanty, learned counsel for the
petitioner and Mr. Arun Kumar Mishra, learned
Additional Government Advocate for the State-opposite
parties.
The petitioner in this writ petition has prayed for a
direction to the Tahasildar, Malkangiri-opposite party
no.5 to delete the entry in Column No.6 from the R.O.R.
under Annexure-1 published in her name. Entry in
Column No.6 of the R.O.R. under Annexure-1 discloses
that the land is not alienable.
In course of hearing, Mr. Mohanty, learned
counsel for the petitioner brings notice of this Court to
the order of this Court dated 27.02.2019 passed in
W.P.(C) No.16307 of 2018 under Annexure-6, wherein a
similar question of law was decided and this Court while
deciding the matter directed the Tahasildar to consider
the same in accordance with law keeping in view the
circulars mentioned in the said writ petition, relevant
portion of the order is reproduced hereunder:
"In exercise of powers conferred by Sec.8-A of
the Odisha Government Land Settlement Act, 1962
("OGLS Act"), the Government of Odisha amended
the Rules, namely, Odisha Government Land
Settlement Rules, 1983 ("OGLS Rules, 1983"). In
OGLS Rules, 1983, Rule-5-BB was inserted, which
provides settlement of Khasmahal, Nazul
Gramakantha Paramboke Abadi land for the
purpose other than homestead and agriculture. The
manner of settlement has been provided under Rule,
5-BB. Power has been conferred to the Sub-Collector
for settlement of the land under the Rule subject to
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approval of the Collector and compliance to the
clauses enumerated therein. The procedure for filing
of application has been stated under Rule-3.
Thereafter the Government of Odisha in its Revenue
and Disaster Management Department issued
another notification dated 21.12.2018 for recording
of Gramakantha Paramboke, Khasmahal, Nazul
and Abadi category of land in favour of lawful
occupants. Clause 8 of the said circular provides that
the person in occupation of Gramakantha
Paramboke, Khasmahal, Nazul or Abadi category of
land has to file application for settlement of the same
for the purpose for which it is being used, which
shall be disposed of on merit by following the
procedure prescribed in Schedule V or Schedule V-A,
as Revenue and Disaster Management Department,
this Court disposes the petition with an observation
that in the event the petitioner files an application
before the Tahasildar, Jaipur for ecording the land in
his favour within a period of fifteen days from today,
the Tahasildar shall disposes of the same within
three months thereafter keeping in view the circulars
mentioned supra.
The petition is disposed of."
He, therefore, prays for a direction to dispose of
the writ petition in the light of the ration decided in
W.P.(C) No.16307 of 2018.
Mr. Mishra, learned Additional Government
Advocate for the State submits that he does not dispute
the factual position of the case. He, however, submits
that the petitioner has to make an application to the
Tahasildar, Malkanagiri-opposite party no.5 for disposal
of the same in accordance with law keeping in view the
circulars governing the field.
Taking into consideration the submissions made
by learned counsel for the parties, this Court without
expressing any opinion on the merits of the case,
disposes of the writ petition with a direction that in the
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event the petitioner files an application before the
Tahasildar, Malkanagiri-opposite party no.5 within a
period of four weeks hence ventilating her grievances
enclosing the relevant circulars governing the field, he
shall do well to consider and take a decision on the
same in accordance with law by passing a reasoned
order as expeditiously as possible preferably within a
period of six months from the date of filing of such
application along with relevant documents as well as an
authenticated copy of this order downloaded from the
website of the Orissa High Court.
Authenticated copy of this order downloaded from
the website of this Court shall be treated at par with
certified copy in the manner prescribed in this Court's
Notice No.4587 dated 25.03.2020.
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K.R. MOHAPATRA,J.
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