Petitioner challenged land allotment to another party. Court held the Tahasildar's order is appealable before Sub-Collector. Petitioner directed to file appeal within fifteen days; merits not considered.
Disposed of the writ petition requiring petitioner to file appeal before Sub-Collector, Baliguda within fifteen days.
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W.P.(C) No.18415 of 2020
2. This writ petition has been filed by the petitioner Binod Nayak challenging the action of the opposite parties, especially opposite party no.4-Tahasildar, G. Udayagiri in allotting 20 cents of land in favour of opposite party no.5, out of the land allotted to his father under Section 3(c) of Orissa Government Land Settlement Act as Ex-military personnel and praying to allot the said land in his favour by cancelling the same.
3. In nutshell, facts of the case as have been stated in the writ petition are that father of the petitioner, who was an Ex-Army personnel, had been allotted 0.2000 hector of land at Plot No.1080/1177, under Khatian No.284/21 in Mouza-Kanabachori in the district of Kandhamal on lease basis under Section 3(c) of Orissa Government Land Settlement Act, 1962. After death of father of the petitioner, only Ac.0.020 decimals of land from out of the aforesaid land kisam was changed to Gharabari as per the provisions of O.L.R. 8-A Case No.57/18 dated 29.06.2018.
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It is averred that the Tahasildar, G. Udayagiri-opposite party no.4 has illegally and arbitrarily settled 20 cents of land in favour of opposite party no.5 from out of the aforesaid land allotted to the father of the petitioner, who is now raising construction of building work over there. Copy of RoR bearing No.284/36 recorded in the name of opposite party no.5 is annexed as Annexure-2.
4. Considering the submissions made, we do not deem it appropriate to entertain the writ petition as order passed by the Tahasildar, G. Udayagiri-opposite party no.4 is appealable before the Sub-Collector, Baliguda-opposite party no.3 and therefore we dispose of the writ petition requiring the petitioner to file appeal before opposite party no.3-Sub-Collector, Baliguda within fifteen days from today and agitate all arguments before the Appellate Authority, which the petitioner seeks to make before this Court. In that event, the Appellate Authority i.e. the SubCollector, Baliguda shall decide the same within three months from the date of its filing. We make it clear that we have not expressed any opinion on merits of the case.
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
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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
MP
1 issue framed by the court
Whether the writ petition regarding land allotment can be entertained directly or if an appeal is required.
Binod Nayak
Sub-Collector, Baliguda
Tahasildar, G. Udayagiri
State-opposite party
Mohammad Rafiq
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
