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Loknath Pujari v. State of Orissa

Orissa HC19 Sept 2016WP(C)/16299/2016

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What is this about?

This single bench directed the Sub-Collector, Koraput, to accept the petitioners' Form-II return with condoned delay within four weeks, provided the land matches the sale deed, and issued urgent certified copy.

What did the court decide?

Directed Sub-Collector Koraput to accept Form-II return with condoned delay within four weeks if land covers sale deed; proceedings under Section 3(B) must consider the return.

Loknath Pujari Vs State of Orissa — Writ and Judicial Review | Orissa HC (2016)

¶1

 W.P.(C) NO.16299 OF 2016
19.9.2016 Heard learned counsel for the petitioners and learned Additional Standing Counsel f
or the State.

¶2

 In this writ petition the petitioners have prayed for a direction to the Sub-Collec
tor, Koraput, O.P.3 to accept the return/rent as per Section 3(B) of Regulation 2 of 1956.
 Petitioners 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 perusa
l of one such order, this Court finds that identical matters came up for consideration before
this Court in W.P.(C) No.10142 of 2015. A single Bench of this Court relying on the order date
d 9.5.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the a
uthorities to accept the return of the petitioner.

¶3

 In view of the above, this Court directs that in the event the petitioners file For
m No.II return along with a limitation application within a period of four weeks from today be
fore the Sub-Collector, Koraput, 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 petitioners. In the event the Sub-Collector, Koraput, O.P.3 accepts Form-II an
d proposes to initiate any proceeding against the petitioners under Section 3(B) of the Orissa
 Regulation No.2 of 1956 the return filed by the petitioners shall be taken into consideration

¶4

The writ petition is accordingly disposed of.

¶5

 Issue urgent certified copy.

¶6

 Biswanath Rath, J.

¶7

Loknath Pujari v. State of Orissa

Case brief

What is this about?

What did the court decide?

Loknath Pujari v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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