This bench granted a stay and directional relief directing the Sub-Collector, Koraput to accept a declaration form and condone delay if filed within four weeks with appropriate documents.
Director to accept Form No.2 within four weeks with condonation of delay; status quo maintained.
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W.P.(C) No.6062 of 2018
Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.
In this writ application, the petitioner has prayed for a direction to the Sub-Collector, Koraput, District–Koraput - Opposite Party No.2 to accept Form No.2 (Declaration) as per Section- 3 (B) of the Regulation-II of 1956.
Petitioner alleged that non-acceptance of return U/S. 3 (B) of Regulation- II 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 09.05.2011 passed by a Division Bench of this Court in W.P.(C) No.11562 of 2009 directed the authorities to accept the return of the petitioner.
In view of the above, this Court directs that in the event, the petitioner files Form No.2 return along with a limitation application within a period of four weeks from today before the Sub-Collector, Koraput, District–Koraput - Opposite Party No.2, the same shall be accepted and the delay 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, Koraput, District–Koraput - Opposite Party No.2 accepts Form No.2 (Declaration) and proposes to initiate any proceeding against the petitioner U/S. 3 (B) of the Orissa Regulation- II of 1956, the return filed by the petitioner shall be taken into consideration. Till consideration of the return filed by the petitioner under Section-3-B of Regulation II of 1956, status quo as on date in respect of the land in question shall be maintained by the parties.
The writ application is accordingly disposed of. Urgent certified copy of this Order be granted as per rules.
………………………….
Dhal
1 issue framed by the court
Whether Form No.2 return under Section-3(B) of Regulation-II of 1956 should be accepted and delay condoned based on earlier precedents.
Petitioner
Sub-Collector, Koraput
Dhal
As recorded by the court registry
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