A writ petition directed the Sub-Collector, Koraput to accept the petitioner's Form No.II return and condone delay within four weeks, citing prior high court orders mandating acceptance of such returns for identical matters.
Directed Sub-Collector to accept Form No.II return within four weeks and condone delay if land matches sale deed.
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W.P.(C). No. 16456 of 2016
23.9.2016Heard Mr.D.R.Bhokta, learned counsel for the petitioner and Mr.S.Das, learned Addition
al Standing Counsel. In this writ application the petitioner has prayed for a direction to the Sub-Collecto
r, Koraput - Opposite Party no.3 to accept 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 o
f 1956 runs contrary to the direction of this Court in a batch of Writ petitions. On perusal o
f one such order, this Court finds that identical matters came up for consideration before thi
s 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 auth
orities to accept the return of the petitioner.
In view of the above, this Court directs that in the event the petitioner files Form N
o.II return along with a limitation application within a period of four weeks from today befor
e 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 in fav
our of the petitioner. In the event the Sub-Collector Koraput - Opposite Party no.3 accepts Fo
rm-II and proposes to initiate any proceeding against the petitioner under Section 3-B of the
Orissa Regulation No.2 of 1956 the return filed by the petitioner shall be taken into consider
ation.
The writ application is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
2
2 issues framed by the court
Whether the Sub-Collector is directed to accept the petitioner's Form No.II return and condone the delay.
Whether proceedings under Section 3-B should take into consideration the return filed by the petitioner.
Petitioner
Sub-Collector, Koraput
As recorded by the court registry
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