Disposed

Bidyadhar Nayak v. State of Odisha

Orissa HC15 Sept 2020WP(C)/20568/2020

Case brief

AI extract

What is this about?

The petitioner challenged the rejection of an application to convert land to homestead status due to it being under Kalasaya Disses. The Court directed the Tahasildar to accept a properly filed application.

What did the court decide?

Direction: If an application under Section 8-A of the O.L.R. Act, 1960 is filed in proper format with fee and documents within three weeks, the Tahasildar shall accept it and proceed accordingly.

Bidyadhar Nayak Vs State of Odisha — Land Acquisition | Orissa HC (2020)

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W.P.(C) No. 20568 of 2020

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03 15.09.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. S.K. Baral, learned counsel for the petitioner and Mr. S.K. Baboo, learned Addl. Government Advocate for the State-opposite parties.

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The grievance of the petitioner in this writ petition is with regard to non-acceptance of the application under Section 8-A of the O.L.R. Act, 1960 for conversion of the land pertaining to Plot No. 1315 under Khata No. 140 of mouza Palapatana, P.S. Pattamundai in the district of Kendrapada to an extent of Ac.0.050 decimals (Kissam-Jalasaya Dui) to homestead land.

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Mr. Baral, learned counsel for the petitioner submits that the Tahasildar, Pattamundai is not accepting the application of the petitioner filed under Section 8-A of the O.L.R. Act, 1960 on the plea that the land being under Jalasaya Kissam cannot be converted to homestead land. He further submits that the petitioner is residing over the said plot since last 15 years. Therefore, there is no impediment to convert the said land to one under kissam homestead. Further, the Tahasildar, Pattamundai cannot refuse to accept his application filed under Section 8-A of the O.L.R. Act, 1960 on the plea as aforesaid.

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Mr. Baboo, learned Addl. Government Advocate

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for the State, on the other hand, submits that he has no

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instruction as to whether the petitioner has made any application under Section 8-A of the O.L.R. Act, 1960. If any such application is filed, the Tahasildar, Pattamundai may be directed to accept and consider the same in accordance with law.

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Taking into consideration the submissions of learned counsel for the parties, this Court without expressing any opinion on the merits of the case, disposes of this writ petition with a direction that if an application under Section 8-A of the O.L.R. Act, 1960 is filed in proper format along with requisite fee and relevant documents within a period of three weeks hence, the Tahasildar, Pattamundai-opposite party no.3 shall accept the same and proceed with the matter in accordance with law.

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Authenticated copy of this order downloaded from the website of the Orissa High Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No. 4587 dated 25.03.2020.

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K.R. Mohapatra, J.

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bks

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Bidyadhar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bidyadhar Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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