The bench refused to entertain a writ petition seeking delivery of possession of a land plot as the petitioner failed to produce the allotment order or any document proving the allotment under Lease Case No. 828/2006.
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W.P.(C) No. 9686 of 2017
Petitioner in this writ petition seeks for a direction to opposite parties to deliver possession of Plot No. 115/911 under Khata No. 138/241 of Mouza Kurtamgada measuring an area Ac.0.040 dec which was allotted him in Lease Case No. 828/2006 under Khata No. 139 by opposite party No.2-Tahasildar, Baliguda in the district of Kandhamal.
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From the record it reveals that no document in respect of aforesaid allotment of land in Lease Case No. 828/2006 was filed by the petitioner. Petitioner has only filed a copy of the R.O.R. vide Annexure-1 which reflects the name of the petitioner. Petitioner filed a rent receipt which was paid on 3.10.2016 vide Annexure-2 and also filed an application before opposite party No.2 for demarcation of land.
Considering the above and since no document is available regarding allotment of land appertaining to Khata No. 138/241 over Plot No. 115/911 of Mouza Kurtamgada, Tahasil-Tumudibandha in the district of Kandhamal, we are not inclined to entertain the writ petition. However it is open to the petitioner to approach opposite party No.2-Tahasildar, Baliguda for a copy of allotment order in respect of
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Lease Case No. 828/2006. In such event the opposite party No.2 shall dispose of the application of the petitioner in accordance with the law.
Accordingly the writ petition is disposed of.
……………… S. Panda, J
…..……………… S.K.Sahoo, J
Petitioner
Government of Odisha
Tahasildar, Baliguda
S. Panda
S.K. Sahoo
As recorded by the court registry
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