Orissa High Court
Bharat Behera vs State Of Odisha & Others ... Opp. Parties on 16 November, 2020
Author: S.Pujahari
Bench: S.Pujahari
CORAM : HON'BLE SHRI JUSTICE S.PUJAHARI
WPC No.28896 of 2020
Bharat Behera ... Petitioner
- Versus -
State of Odisha & others ... Opp. Parties
ORDER
02. 16.11.2020 In the wake of the pandemic Covid-19, the case is taken up through V.C. Heard.
The grievance of the petitioner is that he being landless person had encroached upon a portion of the Government land and cultivating the same and, as such, encroachment proceeding was initiated against him by the Tahasildar, Marsaghai vide Encroachment Case No.1849/68-69. Finding the petitioner to be landless in such encroachment proceeding and his continuous possession of the same, the Tahasildar, Marsaghai converted the Encroachment Case to Lease Case No.459 of 1978 and leased out the land in question in favour of the petitioner and the petitioner is paying rent to the Government. Though the Tahasildar, Marsaghai directed to issue Patta in favour of the petitioner by correction of Record of Right to the Record Keeper vide order dated 03.10.1978 at Annexure-1 Series, but the same has not been issued to him. In the meanwhile, from Marsaghai Tahsil another Tahasil, i.e., Mahakalapara Tahasil has been carved out and the 2 petitioner's land is within the jurisdiction of the Tahasildar, Mahakalpara. After bifurcation, all the land records/case records appertaining to lands located within the jurisdiction of newly created Mahakalapara Tahasil have been transmitted to Mahakalpara Tahasil from Marsaghai Tahasil and the Tahasildar, Mahakalpara, the opposite party no.3, therefore, is duty bound to issue Patta in his favour in view of the direction passed in the Lease Case, but the opposite party no.3 is sitting over the matter. As such he has filed this writ petition praying for a direction to the opposite party no.3 to issue Patta in favour of the petitioner.
On consideration of the facts and submissions made, especially the fact that the case of the petitioner relates to implementation of the order passed by the erstwhile Tahasildar, Marsaghai by the office of the Tahasildar, Mahakalpara in relations to issue of Patta/R.O.R., this writ petition is disposed of with a direction to the petitioner to serve a copy of this order along with a copy of this writ petition to the Collector, Kendrapara, the opposite party no.2 with a representation to look into his such grievance, within fifteen days hence. Needless to say that on receipt of the same, the Collector, Kendrapara, opposite party no.2 shall get the matter enquire either by himself or by an A.D.M. authorized by him, by calling for the 3 related records from the Tahasil concerned and if it is found that such lease has been granted in favour of the petitioner in accordance with law, as claimed by the petitioner, direct the correction of the R.O.R. and also issue Patta in favour of the petitioner. However, if there is any other legal impediment on the part of the Collector, Kendrapara, opposite party no.2 in carrying out the direction on such enquiry, it may intimate the same to the petitioner. The aforesaid exercise has to be completed by the Collector, Kendrapara, the opposite party no.2 within four months of receipt of copy of this order along with the writ petition and the representation.
The parties may utilize the copy of this order as per the High Court's Notice No.4587 dated 25.03.2020.
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S.Pujahari, J.