Disposed

Rashmirekha Nanda v. State of Orissa

Orissa HC2 Dec 2020WP(C)/26044/2017

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging an order in a suo motu rent objection case. The petitioner sought a remedy regarding the recording of land in the Government Khata. The Court directed the petitioner to file a revision under Section 15(b) of the Orissa Survey & Settlement Act, 1958, and the revisional authority to consider it expeditiously.

What did the court decide?

Petitioner directed to file revision under Section 15(b) of the Act; Revisional Authority directed to dispose matter expeditiously.

Rashmirekha Nanda Vs State of Orissa — Landlord and Tenant | Orissa HC (2020)

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W.P. (C) No. 26044 of 2017

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02.12.2020 Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.

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Heard Mr. Amitav Das, learned counsel for the petitioner and Miss Samapika Mishra, learned Addl. Standing Counsel for the State-opp. parties 1 to 6.

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The petitioner in this writ petition has prayed for quashing/setting aside of order dated 15.07.2013 (Annexure-2) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in suo motu Rent Objection Case No.7570/3514 of 2013.

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Mr. Das, learned counsel for the petitioner submits that the petitioner had purchased the land from the rightful owner in favour of whom lease was granted and accordingly draft R.O.R. was published in her name. However, at the stage of determination of rent, the impugned order was passed without issuing any notice to the petitioner whereby direction was issued to record the land in Government Khata. He further submits that though the draft R.O.R. has been published in the name of the petitioner, the Settlement Officer, who has no jurisdiction to sit over the matter except fixing the rent in respect of the case land, has directed not to publish the R.O.R. in the name of the petitioner.

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In course of hearing, Mr. Das, learned counsel for the petitioner, however, submits that the final R.O.R.

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under Section 12-B of the Orissa Survey & Settlement Act, 1958 (for short ‘the Act’) in respect of MouzaAndharua has already been published in the meantime. Hence, the petitioner has a remedy under Section 15(b) of the Act for correction of the R.O.R. in her name.

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Miss Mishra, learned Addl. Standing Counsel for the State submits that the final R.O.R. in respect of Mouza-Andharua has already been published under Section 12-B of the Act. She, however, submits that if the petitioner files a revision under Section 15(b) of the Act, the same can be considered in accordance with law.

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Taking into consideration the submissions made by learned counsel for the parties, this Court, without expressing any opinion on the merits of the case, disposes of the writ petition with a direction that in the event the petitioner files a revision under Section 15(b) of the Act before the revisional authority within a period of four weeks hence along with relevant documents, the revisional authority shall do well to consider the same in accordance with law expeditiously. It appears that the case land has been recorded in the name of the Government. Thus, the matter can be adjudicated early by the revisional authority, if the petitioner serves notice on the Government Counsel representing the State.

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Accordingly, the revisional authority is also directed to dispose of the matter expeditiously preferably within a period of ten months from the date when the matter becomes ready for hearing, if there is no legal impediment. It is made clear that delay, if any, in filing the revision under Section 15(b) of the Act shall be liberally considered.

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Authenticated copy of this order downloaded from the website of this 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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…………………………..

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bks

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K.R. Mohapatra, J.

Rashmirekha Nanda v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rashmirekha Nanda v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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