This writ petition directed the Sub-Collector to accept the petitioner's Form No.II return under the Orissa Regulation and condoning delay, relying on prior orders.
Direction to accept Form No.II return within four weeks with condonation of delay and consideration of the return if proceedings are initiated.
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W.P. (C) No.21664 of 2016
21.12.2016
Heard.
In this writ application the petitioner has prayed for a direction to the Sub-Collecto
r, Dist.-Koraput-opposite party No.3 to accept the Form as per Section 3(B) of the Regulation
II of 1956.
Petitioner alleged that non-acceptance of return under Section 3(B) of Regulation II 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, Dist.-Koraput-opposite party No.3, the same shall be accepted and the del
ay be condoned provided the land for which permission was given, covers the land indicated in
the sale deed executed in favour of the petitioner. In the event, the Sub-Collector, Dist.-Kor
aput-opposite party No.3 accepts Form-II and proposes to initiate any proceeding against the p
etitioner under Section 3(B) of the Orissa Regulation No.II of 1956, the return filed by the p
etitioner shall be taken into consideration.
The writ application is accordingly disposed of.Issue urgent certified copy of this order as per rules. Biswanath Rath, J.
2
1 issue framed by the court
Whether the Sub-Collector must accept a Form No.II return filed by the petitioner within the specified time limit.
Petitioner
Sub-Collector, Dist.-Koraput
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Biswanath Rath
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