Disposed

Dr.Brig.Basudev Routaray v. State of Odisha

Orissa HC17 Jul 2019WP(C)/7702/2019

Case brief

AI extract

What is this about?

In a writ petition sought to direct settlement of land for an ex-serviceman, the Division Bench granted a previous direction for land allotment in an earlier petition. Finding paucity of land, the Court disposed of the present petition by directing allotment of monetary compensation within three months.

What did the court decide?

Direction to Tahasildar, Jatni to award appropriate monetary compensation to the petitioner within three months.

Dr.Brig.Basudev Routaray Vs State of Odisha — Land Acquisition | Orissa HC (2019)

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W.P.(C) No.7702 of 2019 1

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17.07.2019 Heard learned counsel for the petitioner and Mr. B. P. Pradhan, learned Addl. Government Advocate.

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In this writ application, the petitioner being Exserviceman, has prayed for issuance of direction upon the opposite parties to settle a land in his favour within stipulated period.

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It is borne out from the record that the self same petitioner had filed W.P.(C) No.16816 of 2011 which was disposed of on 4.7.2013 by a Division Bench of this Court. In that writ application the impugned order dtd.15.07.2010 passed by the Tahasildar, Jatni in Misc. Case No.6 of 2000 was challenged by virtue of which the Tahasildar, Jatni has rejected the application for settlement of land in favour of the petitioner. The Division Bench, relying upon the decisions in the case of Raj Kishore Das Vrs. State of Orissa , reported in 1994 (II) OLR 149 and Mirza Siddik Vrs. State of Orissa and Others , reported in (2010) (I) CLR 932 , came to conclusion that the order of Tahasildar, Jatni in Annexure-5 of that writ petition is not sustainable and, therefore, quashed the same. The matter was remitted back to the Tahasildar for allotting 5 acres of land in favour of the petitioner in accordance with law. It was further directed that if the land cannot be settled, the Government should find out alternative for the same.

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Thus, the relief which the petitioner seeks in this writ application has already been granted by the Division Bench of this Court.

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Learned Addl. Government Advocate submits that at present, because of paucity of land, the ex-servicemen are not allotted government land on lease basis, rather monetary compensation are being extended in their favour.

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In that view of the matter, we are inclined to dispose of the writ application with a direction to the Tahasildar, Jatni to take up the case of the petitioner and dispose of the same by awarding appropriate monetary compensation to the petitioner within three months from production of certified copy of the order.

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With the above observation and direction the writ petition stands disposed of.

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Issue urgent certified copy as per rules.

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………………………... S. K. Mishra, J.

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………………………... Dr. A. K. Mishra, J.

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mkp

Dr.Brig.Basudev Routaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr.Brig.Basudev Routaray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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