Writ petition filed by landless petitioners residing on un-settled land, directing Tahasildar to consider their alternative site allotment. Court disposed of petition noting proper consideration within two weeks.
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W.P.(C) NO. 11735 OF 2021
02. 13.04.2021
The matter is taken up by video conferencing mode.
The Petitioners by filing this writ application has prayed for a direction to the Opposite Party No.3-Tahasildar, Kakatpur to settle the case of the land in question.
Learned counsel for the Petitioners submits that these Petitioners are poor and landless persons and they having constructed houses over the land in question have been residing therein with their family since long. He further submits that the Petitioners have also taken electricity connection as to their houses. At this stage, he submits that keeping in view the facts and circumstances surrounding the Petitioners as to their living with much difficulty even though the land in question is not settable, the Authority-Opposite Party No.3, Tahasildar, Kakatpur should consider their case of allotment/ settlement of alternative site. He therefore, prays for disposal of this writ application with necessary observation to that effect.
Learned counsel for the State submits that in case the Petitioners approach Opposite Party No.3 with applications for providing the benefit of allotment/settlement of nonobjectionable lands in order to have their houses relocated, the Authority would consider the same in accordance with law and the rules/guidelines in that regard.
Considering the submissions made and on going through the averments taken in the petition as also the documents
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annexed thereto; further keeping in view the limited nature of the prayer as has now been advanced; further taking into account the specific grievances of the Petitioners as have been raised, this writ application stands disposed of with the observation that in the event, the Petitioners file representations before the Opposite Party No.3-Tahasildar, Kakatpur within two weeks hence for redressal of their grievance as aforesaid, the same shall be considered in its proper perspective and disposed of early in accordance with law.
The Petitioners are directed to enclose the downloaded copy of this order with the representations that they would so file.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
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D. Dash, J.
Narayan
Petitioners
State
Appellate Tahasildar, Kakatpur
D. Dash
As recorded by the court registry
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