Orissa High Court
Rajkishor Dash vs Collector on 16 July, 2021
Author: K.R. Mohapatra
Bench: K.R. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.37231 OF 2020
Rajkishor Dash .... Petitioner
Mr. Arabinda Tripathy, Advocate
-versus-
Collector, Cuttack and another .... Opp. Parties
Mr. S.N. Mishra,
Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No. 16.07.2021
07. 1. This matter is taken up through video conferencing
mode.
2. This writ petition has been filed for a direction to accept the premium amount deposited on 31st December, 2002 in OLR Case No.277 of 2002 for conversion of agricultural land to homestead and to issue ROR accordingly.
3. Mr. Tripathy, learned counsel submits that the Petitioner had purchased Ac.0.67 decimals of land out of Ac.0.83 decimals from Plot No.467 under Khata No.248 in mouza Kisannagar in the District of Cuttack (for short 'the case land') from the recorded tenant by registered sale deed dated 19th September, 1990. Thereafter, he filed Mutation Case No.36 of 1993 and pursuant to order dated 22nd December, 1993, the mutation ROR under Annexure-1 was prepared in his name. In order to use Ac.0.06 decimals of case land for homestead (gharabari) purpose, the Petitioner made an application under Section 8-A of the Odisha Land Reforms Act, 1960 (for short, Page 1 of 5 // 2 // 'the Act') before Tahasildar, Kishornagar-Opposite Party No.2, which was registered as OLR Case No.277 of 2002. Observing due formalities and obtaining report of the RI, premium and arrears rent were assessed and the Petitioner was directed to deposit a sum of Rs.9,001/-. Accordingly, the Petitioner deposited the same on 31st December, 2002 (Annexure-5). Although the Petitioner has complied with the direction of the Authorized Officer, the corrected ROR in respect of Ac.0.06 decimals of land under gharabari status was not issued in his favour. Hence, the Petitioner approached the Tahasildar, Kishornagar to issue ROR, but the Tahasildar, Kishornagar- Opposite Party No.2 advised the Petitioner to file a fresh petition under Section 8-A of the Act. Although the Petitioner filed a fresh petition which was registered as OLR Case No.188 of 2014, the same is still pending for adjudication.
4. It is further submitted by Mr. Tripathy, learned counsel that the Petitioner is 78 years old and is running from pillar to posts to get the ROR of Ac.0.06 decimals of land under kisam gharabari over which his residential house situates, but to no effect. When several approaches of the Petitioner went in vain, he filed the present writ petition for the aforesaid relief.
5. The Tahasildar, Kishornagar-Opposite Party No.2 filed counter affidavit on behalf of the opposite parties. In paragraph- 3 of the counter affidavit, it is stated that though RI report was obtained and Rs.9,001/- has been deposited by the Petitioner, but no order was passed by the then Tahasidar for conversion of the case land in OLR Case No.277 of 2002. When the Petitioner approached the present Tahasildar for conversion of Ac.0.06 decimals from out of Ac.0.67 decimals to gharabari, he was Page 2 of 5 // 3 // advised to apply for conversion of the rest of the agricultural land, i.e., Ac.0.61 decimals of land to get gharabari patta (ROR under homestead kisam). It is further averred in the counter affidavit that the ROR under gharabari kisam for a part of the land cannot be issued as per the present online system.
6. After filing of the subsequent application, i.e., OLR Case No.188 of 2014 as per the advice of the present Tahasildar, Kishornagar, an enquiry was made and it was found that the characteristic of the total plot of the land has been changed. Though the dwelling house of the Petitioner is constructed over Ac.0.06 decimals out of Ac.0.67 decimals, but the rest Ac.0.61 decimals of the land in question is not feasible to carry out any agricultural operation. The rest of the land was used as bari by the Petitioner.
7. Mr. Mishra, learned Additional Government Advocate reiterating the aforesaid averments made in the counter affidavit submits that the writ petition merits no consideration and is liable to be dismissed.
8. Heard learned counsel for the parties and perused the materials on record.
9. It is not disputed that after the ROR was prepared in the name of the Petitioner in Mutation Case No.36 of 1993, he applied for conversion of Ac.0.06 decimals of land to homestead. Accordingly, the RI submitted his report and the Petitioner had deposited Rs.9,001/- towards premium and arrear rent. It is averred in the counter affidavit that the then Tahasildar, Kishornagar after deposit of the premium and arrear rent, did not pass any order for which the ROR under gharabari kisam in respect of said Ac.0.06 decimals could not be issued in Page 3 of 5 // 4 // favour of the Petitioner. It is further averred in the counter affidavit that on the advice of the present Tahasildar, Kishornagar, the Petitioner filed a fresh petition under Section 8-A of the Act, which is registered as OLR Case No.188 of 2014. It further appears from the counter affidavit that the residential house of the Petitioner situates over Ac.0.06 decimals of land and rest of the land is used as bari. Thus, the Petitioner has not deviated in making construction of his residential house for which he has already deposited the premium and arrear rent. After deposit of the amount by the Petitioner, as aforesaid, a formal order was to be passed by the then Tahasildar, Kishornagar converting the agricultural land to gharabari. Thus, the Petitioner had no contribution for not passing any order by the then Tahasildar in converting Ac.0.06 decimals of land from agriculture status to that of gharabari.
10. Incapability of the Tahasildar in issuing ROR in respect of Ac.0.06 decimals under kisam gharabari due to the bottleneck in the online system cannot also be attributed to the Petitioner. Thus, the Petitioner has every right to be issued with a ROR of Ac.0.06 decimals of his recorded land under gharabari kisam. It cannot be denied that there are different modes to issue ROR under gharabari kisam for a portion of the land for which the Petitioner has already deposited the premium and arrear rent since 31.12 2002. In that view of the matter, I have no hesitation to hold that the Petitioner is entitled to receive ROR in respect of Ac.0.06 decimals in Plot No.467 under Khata No.246 in mouza Kisannagar under gharabari kisam.
Page 4 of 5// 5 //
11. Accordingly, it is directed that the Tahasildar, Kishornagar-Opposite Party No.2 shall do well to issue ROR in respect of aforesaid land under gharabari kisam in favour of the Petitioner as expeditiously as possible, preferably within a period of four months hence. The Petitioner has to produce the authenticated copy of this order before the Tahasildar, Kishornagar-Opposite Party No.2 for compliance within a period of one week.
12. The writ petition is accordingly allowed to the aforesaid extent, but there shall be no order as to costs.
13. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587 dated 25th March,2020 as modified by Court's Notice No.4798 dated 15th April, 2021.
s.s.satapathy (K.R. Mohapatra) Judge Page 5 of 5