The High Court directed the Tahasildar Sadar, Cuttack, to dispose of the pending KLC application No.1022 of 2002 filed by the petitioners within six weeks, given the undelayed pendency of the matter, without expressing an opinion on the merits.
Direction to Tahasildar Sadar, Cuttack to dispose of KLC No.1022 of 2002 within six weeks of the order date.
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W.P.(C) No.15754 of 2020
HON’BLE THE CHIEF JUSTICE MR. MOHAMMAD RAFIQ
HON’BLE Mr. JUSTICE C. R. DASH
ORDER
Heard learned counsel for the parties by Video
Conferencing mode.
2. This writ petition has been filed by the petitioners-Azad Khan and Imtiaz Khan inter alia with the prayer that the Tahasildar Sadar, Cuttack-opposite party no.1 may be directed to dispose of KLC No.1022 of 2002 within a time bound manner.
3. It is contended that the petitioners are two sons and legal heirs of late Amzad Khan, who died on 20.12.2006 and was one of the co-sharers of Khata No.647, Plot No.167, area Ac.0.080 dec. of Kisam-Gharabari, in Mouza-Unit No.14 Nayasarak, Tahasil-Cuttack Sadar, Tahasil No.214 in the district of Cuttack.
The status of the suit land is Khasmahal Pattadar. The photocopies of the RoR and the death certificate have been filed with the writ petition. It is submitted that the father of the petitioners filed an application for settlement of the aforesaid suit land under the OGLS Act, which was registered as KLC application No.1022 of 2002 (Annexure-3). It is contended that
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the Department of Revenue, Government of Orissa issued notification vide Notification No.57677/R dated 06.12.2000 for settlement of lands recorded in Bebandobasta status in the RoR. It was therefore the father of the petitioner submitted his application before the Tahasildar Sadar, Cuttack, which was registered as KLC No.1022 of 2002. It is further contended that though the matter is pending before the Tahasildar Sadar, Cuttack for last 18 years, he has not so far taken any step to decide the same.
4. Mr. D. Mohanty, learned Addl. Government Advocate for the State-opposite parties submits that instead of approaching this Court, the petitioners should approach the Tahasildar Sadar, Cuttack for expeditious disposal of KLC No.1022 of 2002. It is submitted that if such application is pending, a direction may be issued to the Tahasildar-opposite party no.1 to consider and dispose of the same in accordance with law.
5. Having regard to the submission made and considering the fact that the application i.e. KLC No.1022 of 2002 is pending for last 18 years, we deem it appropriate to dispose of the writ petition by directing the Tahasildar Sadar, Cuttack to dispose of KLC No.1022 of 2002 in accordance with law if the same is still pending, as expeditiously as possible, but not later than 6 weeks from the date of production of copy of this order. We make it
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clear that we have not expressed any opinion on merits of the case.
6. The writ petition is accordingly disposed of.
Learned counsel 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.
(C. R. Dash) (Mohammad Rafiq) Judge Chief Justice
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2 issues framed by the court
Whether this Court should direct the Tahasildar to dispose of the pending KLC application filed by the petitioners.
Whether the writ petition should be dismissed seeking expeditious disposal of the KLC application.
1 provisions across 1 enactments
Azad Khan
Imtiaz Khan
Tahasildar Sadar, Cuttack
Mohammad Rafiq
C. R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
