Petitioner sought settlement of homestead land under O.P.L.E. Act. Court declined to adjudicate merits of entitlement but directed Tahasildar to decide pending application expeditiously to assist landless tribals.
Direction to Tahasildar, Baripada to decide petitioner's application dated 06.01.2020 as per law with expedition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.10217 of 2020
2. This writ petition has been filed by the petitionerSambunath Behera inter alia with the following prayer:
“(i) To admit the Writ Application;
(ii) To direct the opposite parties more particularly Collector, Mayurbhanj to pass appropriate order for settlement of Schedule land in his favour for homestead purposes in view of provisions of Section 8 (A) of O.P.L.E. Act and Board of Revenue Instruction dtd. 17.12.1988;
OR
(iii) Provide an another settle-able land as per earlier direction of this Hon’ble Court dtd.13.8.2019 passed in W.P.(C) No.10290/2019 in order to save the poor Tribal People by providing a Plot in his habitation.
Pass such other order/orders as deemed fit
and proper in the interest of justice.
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And for which act of kindness the petitioner
shall as in duty bound every pray.”
3. Learned counsel for the petitioner submits that earlier also the petitioner and others filed W.P.(C) No.10290 of 2019 praying for a direction to the Collector and District Magistrate, Mayurbhanj to pass necessary orders for settlement of the schedule in their favour for homestead purpose under Section 8-A of the Orissa Prevention of Land Encroachment Act, 1972 wherein this Court on perusal of the documents since found that the claim of the petitioner regarding possession over Plot No.192 of Khata No.166 of Mauza-Belagadia Sahi, Baripada Town in the district of Mayurbhanj recorded as Nayanjori (road side land) could not be settled in favour of any body, declined to entertain the writ petition, but granted liberty to the petitioner to approach the Collector and District Magistrate, Mayurbhanj for settlement on settle-able land as per the OGLS Act with the observation that if petitioner found to be landless person and meeting the other criteria under the aforesaid Act, the Collector and District Magistrate to do the needful. It is further submitted that the petitioner filed an application on the prescribed Form No.1 for settlement of the land to the Tahasildar, Baripada on 06.01.2020 vide Annexure-7. However, when the Tahasildar
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did not process such application, the petitioner filed an application before Collector, Mayurbhanj on 17.01.2020 vide Annexure-8.
4. Without commenting on the merits of the case as to the entitlement of the petitioner for settlement of land and observing that it has already been held by this Court the petitioner cannot be allotted to the land in question recorded as Nayanjori (road side land), we dispose of the writ petition with a direction to opposite party no.3-Tahasildar, Baripada to decide the application of the petitioner dated 06.01.2020 vide Annexure-7 in accordance with law as expeditiously as possible.
As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
(Mohammad Rafiq) Chief Justice
(Dr. B.R. Sarangi) Judge
SKG/MP
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2 issues framed by the court
Whether the petitioner is entitled to have his application for settlement land decided authorities without the court adjudicating merits.
Whether the Collector and Tahasildar are directed to expedite the processing of the petitioner's application for settle-able land.
1 provisions across 1 enactments
Sambunath Behera
Collector, Mayurbhanj
Tahasildar, Baripada
Mohammad Rafiq
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
