High Court directed Sub-Collector to accept Form No.II return and condone delay if filed by petitioner within four weeks, provided land matches sale deed. Proceedings under Section 3-B of Orissa Regulation, 1956 will consider the return.
Directed Sub-Collector, Koraput to accept Form No.II return and condone delay if filed within four weeks.
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W.P. (C) No.26913 of 2017
12.01.2018
Heard Mr. Sahoo, learned counsel for the petitioner and Mr.Behera, learned Additional
Standing Counsel.
In this writ application, the petitioner has prayed for a direction to the Sub-Collect
or, Koraput to accept Form No.II as per Section 3 (B) of Regulation 2 of 1956.
Learned counsel for the petitioner submits that the original recorded tenant has sold
the case land under a valid permission granted by the competent authority vide OSATIP Case No.
7/1959 to Galla Satyanarayana vide Document No.70/1959 dated 13.11.1959. He further submits th
at after the death of said Galla Satyanarayana, the property was inherited by three of his son
s, namely, G.Maheswar Rao, G.Sudhakar Rao, Gella Ramakrishna Rao. Thereafter, by virtue of a R
egistered Partition Deed No.150/88 dated 29.6.1988 registered before the Sub-Register, Koraput
, the property was partitioned among the three sons of late G.Satyanarayana. Thereafter, one o
f the sons, namely, Gella Ramakrishna Rao got his share from the above said partition deed and
subsequently by virtue of two registered Conveyance Deeds No.248/97 dated 25.06.1997 and 26/1
998 dated 24.01.1988 sold the above noted property to the present petitioner. The present peti
tioner after purchasing the land in question applied for mutation before the competent authori
ty and after complying all the requirements of law, the land was mutated in favour of the peti
tioner. In such background, the petitioner has
approached this Court with the above noted prayer. He also submits that till date no proceedi
ng under Section 3-B of Orissa Regulation No.2 of 1956 has been initiated. He further submits
that an identical matter came up for consideration before this Court in W.P.(C) No.10142 of 20
15. A Single Bench of this Court relying on the order dated 9.5.2011 passed by a Division Benc
h of this Court in W.P.(C) No.11562 of 2009 directed the authorities to accept the return of t
he 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 t
he 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 accep
ts Form-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 co
nsideration.
The writ application is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
Biswajit Mohanty, J.
1 issue framed by the court
Whether the Sub-Collector is directed to accept Form No.II return along with a limitation application filed by the petitioner within four weeks?
Petitioner (Gella Ramakrishna Rao)
Sub-Collector, Koraput
Biswajit Mohanty
As recorded by the court registry
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