Orissa High Court
Jaya Prakash Sharma & Another vs State Of Odisha And Others .... Opposite ... on 9 August, 2021
Bench: S.K. Mishra, Savitri Ratho
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.507 of 2009
Jaya Prakash Sharma & another .... Petitioners
Mr. B. Pradhan, Advocate
-versus-
State of Odisha and others .... Opposite Party
Mr. L. Samantray, AGA
CORAM:
JUSTICE S.K. MISHRA
JUSTICE SAVITRI RATHO
ORDER
09.08.2021 Order No.
04. 1. This matter is taken up through video conferencing mode.
2. Having heard Mr. B. Pradhan, learned counsel for the petitioners and Mr. L. Samantaray, learned Addl. Government Advocate, there is no dispute regarding the settled principle of law that Gramakantha Parambok, Khasmahal and Nazul lands can be settled in the name of persons in whose favour the lease has been granted initially. It is also well settled principle of law that Khasmahal lands are hereditary and alienable. So, the persons, who have purchased the lands from the original leasee, have also the right for settlement under stitiban status.
3. In that view of the matter, let the application i.e. Misc. Case No.277/1994 filed by the petitioners in Annexure-11 be taken Page 1 of 2 // 2 // by the Tahasildar, Bhubaneswar (now Jatani) and dispose of the same as expeditiously as possible. Let the petitioners file certified copy of this order and a copy of the brief before the learned Tahasildar within fifteen days hence.
4. With such observation, the Writ Petition is disposed of.
5. Urgent certified copy of this order be granted as per rules.
(S.K. Mishra) Judge (Savitri Ratho) Judge pcd Page 2 of 2