Single Bench of Orissa HC directed the Sub-Collector, Jeypore to accept the petitioner's return and condone delay if the filed land matches the sale deed, disposing the writ petition.
Directed Sub-Collector to accept Form-II return within four weeks and condone delay; directed authorities to consider return in any subsequent proceedings under Section 3(B).
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W.P.(C) NO.14510 OF 2016
16.9.2016 Heard learned counsel for the petitioner and learned Additional Standing Counsel.
In this writ petition the petitioner has prayed for a direction to the Sub-Collecto
r, Jeypore, O.P.2 to accept the return/rent as per Section 3(B) of Regulation 2 of 1956.
Petitioner alleged that non-acceptance of return under Section 3(B) of Regulation 2
of 1956 runs contrary to the direction of this Court in a batch of writ petitions. On perusal
of one such order, this Court finds that identical matters came up for consideration before t
his Court in W.P.(C) No.10142 of 2015. A single Bench of this Court relying on the order dated
9.5.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the au
thorities to accept the return of the petitioner.
In view of the above, this Court directs that in the event the petitioner files For
m No.II return along with a limitation application within a period of four weeks from today be
fore the Sub-Collector, Jeypore, the same shall be accepted and the delay be condoned provided
the land for which permission was given covers the land indicated in the sale deed executed i
n favour of the petitioner. In the event the Sub-Collector, Jeypore, O.P.2 accepts Form-II and
proposes to initiate any proceeding against the petitioner under Section 3(B) of the Orissa R
egulation No.2 of 1956 the return filed by the petitioner shall be taken into consideration.
The writ petition is accordingly disposed of.
Issue urgent certified copy.
2
1 issue framed by the court
Whether the Sub-Collector is directed to accept the return filed by the petitioner under Form No. II along with a limitation application within four weeks.
Petitioner
Sub-Collector, Jeypore
As recorded by the court registry
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