bank has already been published in the instant case, etc. Therefore the 1st respondent may examine and ascertain as to how the subject property has been described as in the draft data bank and final data bank and if the subject property has been described as nilam/paddy land in the draft data bank/final data bank, then the 1st respondent may direct the petitioner to separately file an application in Form No.5 under Sec.5(4)(1) of the 2008 Act for exclusion of the property from the land data bank. It appears that as per the procedural norms, the party will have to first get formal orders for exclusion of the subject property from the land data bank under Sec.5(4)(1), if the property has been described as nilam/paddy land in the draft data bank/final data bank. That aspect of the matter may be duly borne in mind by the petitioner as well as the 1st respondent before proceeding further with the matter. Subject to the abovesaid aspect, it is ordered that the 1st respondent will immediately take up the matters raised in Ext.P-6 application dated 27.8.2019 filed in Form No.5 and after conducting requisite inspection with due prior notice to the petitioner and after affording reasonable opportunity of being heard to the petitioner, may take a considered decision on the matters raised by the petitioner in Ext.P6 application on the plea of the petitioner for statutory permission for change of user of the land as envisaged in Sec.27A of the 2008 Act and the Rules framed thereunder without much delay, within a period of 3 months from the date of production of a certified copy of this judgment. However, it is made clear that in case the subject property has been included in the draft data bank/final data bank as nilam/paddy land, then in such a case, the abovesaid time limit for consideration and disposal of Ext.P-6 application by the 1 st respondent would be 6 weeks from the date of issuance of orders under Sec.5(4)(1) for exclusion of the subject property from the land data bank. In this regard, it is also clarified and ordered that in case there is requirement for the petitioner to file such application in Form No.5 under Sec.5(4)(1) for deleting the entry in the draft data bank/final data bank describing the property as nilam/paddy land then such application under Sec.5(4)(1) in form No.5 will have to be considered by the RDO and after conducting inspection and after ensuring that a copy of the inspection is given to the petitioner and after affording reasonable opportunity to the petitioner of being heard, will pass orders within 2 months from the date of filing of such application in Form No.5.
