Allowed

Ambujini Barik v. State of Orissa

Orissa HC5 Jan 2017WP(C)/23195/2016

Case brief

AI extract

What is this about?

A Single Bench directed the Sub-Collector, Koraput to accept the petitioner's Form-II return/rent filed under Section 3(B) of Orissa Regulation 2 of 1956 and condone the delay within four weeks, aligning with previous Supreme Court orders on identical matters.

What did the court decide?

Directed Sub-Collector, Koraput to accept Form-II return within four weeks with condonation of delay if land matches sale deed.

Ambujini Barik Vs State of Orissa — Land Acquisition | Orissa HC (2017)

¶1

W.P. (C) No.23195 of 2016
5.01.2017

¶2

 Heard.

¶3

 In this writ application the petitioner has prayed for a direction to the Sub-Collecto
r, Koraput-opposite party No.3 to accept the Form- II return/rent as per Section 3(B) of the R
egulation 2 of 1956.

¶4

 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 this
 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 autho
rities to accept the return of the petitioner.

¶5

 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 th
e 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, Koraput-opposite party no.3 accepts
 Form-II and proposes to initiate any proceeding against the petitioner under Section 3(B) of
the Orissa Regulation 2 of 1956, the return filed by the petitioner shall be taken into consi
deration.

¶6

The writ application is accordingly disposed of.

¶7

 Issue urgent certified copy of this order as per rules.

¶8

 Biswanath Rath, J.

¶9

Ambujini Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ambujini Barik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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