Remanded

Sadasiva Swain v. Tahasildar,Bbsr

Orissa HC13 Aug 2019WP(C)/6505/2019

Case brief

AI extract

What is this about?

The Court set aside the Additional Tahasildar's order cancelling a land settlement and remitted the case for fresh disposal. The Court directed issuance of notices to the legal heirs of the deceased defendant and relevant authorities, while noting contradictions in possession reports.

What did the court decide?

Impugned order set aside and matter remitted to Additional Tahasildar for fresh disposal after issuing notices to legal heirs and relevant authorities.

Sadasiva Swain Vs Tahasildar,Bbsr — Land Acquisition | Orissa HC (2019)

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W.P.(C) No.6505 of 2019

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13.08.2019 Heard learned counsel for the petitioner and the learned Additional Government Advocate.

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In this writ petition, the petitioner has challenged the order dated 18.08.2018 passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.931 of 2016 whereby the settlement of land in favour of the vendor of the petitioner has been cancelled.

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Initially the challenge to the impugned order is based on the fact that suo motu Bebandobasta proceeding has been initiated against a dead man, namely, Pitabas Garabadu. This aspect of this case is not disputed by the learned Additional Government Advocate. However, he brings to the notice of this Court to Annexure-3 which are the order sheets maintained by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.65 of 1996. This is also admitted that when the land was settled in the name of the vendor of the present petitioner on 12.08.2011 basing on the report of the Revenue Inspector, Bhubaneswar that said original tenant has died and substituted by his legal heirs namely, Krushna Chandra Garabadu, Ashok Kumar Garabadu and Prakash Kumar Garabadu and they are in possession of the land in question. It is submitted that even before settlement of the land in favour of Pitabas Garabadu, the petitioner claims to have purchased the land in the year 2008, but the report of the Revenue Inspector, Bhubaneswar states

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that sons of Pitabas Garabadu are in possession of the land in question. That apart, the alleged purchase has been made during the pendency of Bebandobasta Case No.65 of 1996.

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It appears that there is a contradiction on the report of the Revenue Inspector, Bhubaneswar and the actual possession over the land in question. This aspect is also to be examined by the Additional Tahasildar, Bhubaneswar.

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In that view of the matter, we are inclined to allow this writ petition.

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Accordingly, the order dated 18.08.2018 passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.931 of 2016 under Annexure-5 is set aside and the matter is remitted back to the Additional Tahasildar, Bhubaneswar for fresh disposal after issuing notice to the legal heirs of Pitabas Garabadu, namely, Krushna Chandra Garabadu, Ashok Kumar Garabadu and Prakash Kumar Garabadu. However, question of possession over the land in question should also be considered and the conflicting report of the Revenue Inspector, Bhubaneswar with regard to possession should not be taken into consideration by the Additional Tahasildar, Bhubaneswar while passing the order on merit. The Additional Tahasildar, Bhubaneswar shall also issue notice to the Managing Trusty of the Trust Board of Lord Lingaraj and give reasonable opportunity of

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hearing to the parties on production of certified copy of this order before him. The parties are also directed to appear before the Additional Tahasildar, Bhubaneswar on 16^th September, 2019 and produce a certified copy of this order. In such event, the Additional Tahasildar, Bhubaneswar shall proceed in accordance with the direction given in this order.

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With the aforesaid orders, this writ petition is disposed of.

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Urgent certified copy of this order be granted on proper application.

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………………………. S. K. Mishra, J.

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….…………………………. Dr. A.K. Mishra, J.

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Sadasiva Swain v. Tahasildar,Bbsr

Case brief

What is this about?

What did the court decide?

Sadasiva Swain v. Tahasildar,Bbsr

Case brief

What is this about?

What did the court decide?

What the court decided

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