Orissa High Court
WP(C)/10217/2020 on 16 September, 2020
W.P.(C) No.10217 of 2020
02. 16.09.2020 Heard Mr. S.B. Mohanty, learned counsel for the
petitioner and Mr. A.R. Dash, leaned Additional Government
Advocate for the State-opposite parties by Video Conferencing
mode.
2. This writ petition has been filed by the petitioner-
Sambunath Behera inter alia with the following prayer:
"(i) To admit the Writ Application;
(ii) To direct the opposite parties more
particularly Collector, Mayurbhanj to pass
appropriate order for settlement of Schedule
land in his favour for homestead purposes
in view of provisions of Section 8 (A) of
O.P.L.E. Act and Board of Revenue
Instruction dtd. 17.12.1988;
OR
(iii) Provide an another settle-able land as per
earlier direction of this Hon'ble Court
dtd.13.8.2019 passed in W.P.(C)
No.10290/2019 in order to save the poor
Tribal People by providing a Plot in his
habitation.
Pass such other order/orders as deemed fit
and proper in the interest of justice.
-2-
And for which act of kindness the petitioner
shall as in duty bound every pray."
3. Learned counsel for the petitioner submits that
earlier also the petitioner and others filed W.P.(C) No.10290 of
2019 praying for a direction to the Collector and District
Magistrate, Mayurbhanj to pass necessary orders for
settlement of the schedule in their favour for homestead
purpose under Section 8-A of the Orissa Prevention of Land
Encroachment Act, 1972 wherein this Court on perusal of the
documents since found that the claim of the petitioner
regarding possession over Plot No.192 of Khata No.166 of
Mauza-Belagadia Sahi, Baripada Town in the district of
Mayurbhanj recorded as Nayanjori (road side land) could not
be settled in favour of any body, declined to entertain the writ
petition, but granted liberty to the petitioner to approach the
Collector and District Magistrate, Mayurbhanj for settlement
on settle-able land as per the OGLS Act with the observation
that if petitioner found to be landless person and meeting the
other criteria under the aforesaid Act, the Collector and
District Magistrate to do the needful. It is further submitted
that the petitioner filed an application on the prescribed Form
No.1 for settlement of the land to the Tahasildar, Baripada on
06.01.2020vide Annexure-7. However, when the Tahasildar -3- did not process such application, the petitioner filed an application before Collector, Mayurbhanj on 17.01.2020 vide Annexure-8.
4. Without commenting on the merits of the case as to the entitlement of the petitioner for settlement of land and observing that it has already been held by this Court the petitioner cannot be allotted to the land in question recorded as Nayanjori (road side land), we dispose of the writ petition with a direction to opposite party no.3-Tahasildar, Baripada to decide the application of the petitioner dated 06.01.2020 vide Annexure-7 in accordance with law as expeditiously as possible.
As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court's website or print out thereof at par with certified copies in the manner prescribed, vide Court's Notice No.4587, dated 25.03.2020.
(Mohammad Rafiq) Chief Justice (Dr. B.R. Sarangi) Judge SKG/MP -4-