Remanded

Khirod Ch.Mallick v. State of Odisha

Orissa HC5 Apr 2017WP(C)/3308/2017

Case brief

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What is this about?

The court set aside an order rejecting a land sale application by a Schedule Caste person, remanding it to the Sub-Collector for independent consideration. The judgment held that no restriction limits the number of applications, but the authority must evaluate the current case independently.

What did the court decide?

The impugned order is set aside and the matter is remitted to the Sub-Collector, Sambalpur for independent consideration of the application within one month.

Referring to the observation made therein, learned counsel for the petitioner submitte d that since this is an independent application filed under Section 22 of the O.L.R. Act, it w as incumbent upon the authority to have an independent consideration in the matter and the pre vious grant order involving another application had nothing to do while considering the subseq uent application. It is under these premises, learned counsel for the petitioner submitted tha t there has been no application of mind particularly taking into consideration the provisions/ restrictions contained in Section 22 of the O.L.R. Act.

Supporting the impugned order, Mr. Behera, learned State Counsel while objecting the s ubmission made by the learned counsel for the petitioner submitted that the petitioner is in h abit of filing repeated applications on the selfsame grounds and for the observations made the rein, there is no infirmity in the impugned order leaving any scope to interfere in the same. Considering the rival contentions of the parties and after looking to the application of the petitioner involving O.L.R. Case No.28/2018, this Court finds, for further requirement of money, the petitioner being the owner of the land and being a scheduled caste person applie d for permission of the competent authority for sell of some of his own land in terms of provi sions contained in the O.L.R. Act.

On perusal of the impugned order, this Court finds, the application vide O.L.R. Case N o.28/2016 was considered only taking into consideration the developments on a similar applicat ion for sell of another patch of land.

For the above, this Court observes that there is no restriction for filing number of a pplications seeking permission of the competent authority for sell of land by a scheduled cast e person. The only requirement is to see whether there is compliance of provision contained in Section 22 of the O.L.R Act or not. From perusal of the records, this Court finds, the compet ent authority should have entered into an independent consideration without being influenced b y the developments taken place involving an application in respect of a different patch of lan d.

Under the above circumstances and for the observations made hereinabove, this Court fi nds, the impugned order suffers for no independent consideration of the case of the petitioner . Consequently, the same is not maintainable. Thus, while setting aside the impugned order und er Annexuer-3, this Court remits the matter back to the Sub-Collector, Sambalpur for independe nt consideration of the application involving O.L.R. Case No.28/2016 and pass an order thereon in accordance with law following the provisions contained in Section 22 of the O.L.R. Act.

The entire exercise as directed hereinabove, will be over within a month from the date of production of certified copy of this order but giving opportunity of hearing to all the pa rties concerned.

Khirod Ch.Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Khirod Ch.Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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