Smita Nayak v. State
Case brief
What is this about?
The High Court dismissed this writ petition challenging refusal of an appellate settlement officer to interfere with the order not recording government land to favor the petitioner, directing her to approach the revisional authority under Section 32.
What did the court decide?
Petitioner directed to approach the revisional authority under Section 32 of Orissa Survey and Settlement Act, 1958 for redressal.
What the court decided
W.P.(C) NO.17706 OF 2014
- 12.5.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
- This Writ Petition has been filed by the petitioner challenging the order dated 05.09.2013 passed by the Asst. Settlement Officer-cum-Addl. Sub-Collector, Bhubaneswar in Appeal Case No.1445 of 2013 refusing to interfere with the order dated 15.7.2013 passed by the Asst. Settlement Office, Rental Colony, Bhubaneswar in Rent Case No.7088 of 2013.
- The petitioners contended that the land appertaining to Plot No.343/1114/1460 under Sabik Khata No.233/158 of Mouza : Sampur measuring an area of Ac.1.000 decimals was leased out in favour of one Surendra Panda by the Tahasildar, Bhubaneswar in W.L Case No.191 of 1971 for agricultural purpose. Thereafter the original lessee obtaining permission from the competent authorities sold a portion of the land measuring an area of Ac.0.100 decimals in favour of the petitioner vide Registered Sale Deed dated 23.3.1993 in order to meet his legal necessities. The petitioner is in peaceful possession of the land from the date of purchase and is paying rent regularly.
BP
- Earlier in O.J.C No.9449 of 1993 this Court by order dated 29.1.1996 directed the State Government to enquire into the matter relating to lease of land at Bhubaneswar through a Senior Officer in the rank of Secretary whether the Tahasildar has settled the land illegally and by misuse of power. In pursuance of the said direction the Collector, Khurda directed to initiate a resumption proceeding. Accordingly, a proceeding under Section 3-B of Orissa Government Land Settlement Act, 1962 was
2
Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to maintain a writ petition against the settlement officer's order refusing to interfere with the lower officer's decision regarding the lease of government land.
What is the appropriate course of action for the petitioner to seek redressal of her grievance under the Orissa Survey and Settlement Act.
Parties & counsel
- petitioner
Surendra Panda
- respondent
State of Orissa
Coram
S. Panda
Case details
As recorded by the court registry
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