Disposed

Basanta Kumar Bairiganjan v. State of Odisha

Orissa HC23 Mar 2021WP(C)/4123/2021

Case brief

AI extract

What is this about?

The Court directed the Assistant Settlement Officer to dispose of Rent Case No.7436 of 2013 expeditiously within three months. The beneficiary of the 2014 order in the related writ petition, which directed reconsideration of the case regarding land mutation and rent allocation, had not complied.

What did the court decide?

Direction to the Assistant Settlement Officer to decide Rent Case No.7436 of 2013 within three months, treating the certified copy as served upon filing.

Basanta Kumar Bairiganjan Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) No.4123 of 2021

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23.03.2021 Heard Mr. Jajati Kishore Mohanty, learned counsel for the petitioner and Mr. S.N. Mishra, learned Additional Government Advocate for the State-opposite parties.

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The petitioner in this writ petition prays for a direction to the Assistant Settlement Officer, Rental Colony, Bhubaneswar to dispose of Rent Case No.7436 of 2013 at an early date pursuant to the direction of this Court vide order dated 15.09.2014 passed in W.P.(C) No.24971 of 2013.

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Mr. Mohanty, learned counsel for the petitioner submits that the petitioner has filed Rent Case No.7436 of 2013 with a prayer to record Hal Plot Nos.7280 and 7281 under Khata No.2236 to an extent of Ac.0.385 in Mouza-Andharua in his name, which was rejected vide order dated 15.07.2013. Assailing the same, he filed W.P.(C) No.24971 of 2013, which was disposed of on 15.09.2014 with the following direction:

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“It is apparent from the documents filed by the petitioner that the petitioner after purchase mutated the land in his favour, went on paying rent, and got the land converted and ultimately draft ROR was published in his favour during the settlement operation. Without there being any objection from the side of the State the Assistant Settlement Officer should not have directed to correct or change the draft ROR, particularly when no document from the side of State had been

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produced showing the cancellation of lease of petitioner’s vendor. Therefore, the impugned order is set aside and the matter is remitted back to the Assistant Settlement Officer to reconsider the case in accordance with law dispose of the same expeditiously after giving opportunity of hearing to the parties. In case final ROR have been published in the meantime, the same shall be deemed to have been quashed. The order be communicated to opposite party No.6 for which requisites shall be filed in course of the week.”

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It is the submission of Mr. Mohanty, learned counsel for the petitioner that since then the rent case is pending for disposal and no effective step has been taken for disposal of the same. Hence, he has filed this writ petition for the aforesaid relief.

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Mr. Mishra, learned Additional Government Advocate for the State submits that although he has sought for instruction, but it has not yet been received and prays for some time for the same.

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Taking into consideration the submissions made by learned counsel for the parties and the order proposed to be passed, this Court feels it proper to proceed with the matter without waiting for the response of the opposite parties.

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Accordingly, this Court without expressing any opinion on the merits of the case, disposes of the writ petition with a direction to the Assistant Settlement Officer, Rental Colony, Bhubaneswar-opposite party no.6 now functioning at Major Settlement Office,

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Jobra at Cuttack to take a final decision in Rent Case No.7436 of 2013 on its own merit giving opportunity of hearing to the parties concerned as expeditiously as possible preferably within a period of three months from the date of filing of certified copy of this order, if there is no legal impediment.

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Urgent certified copy of this order be granted on proper application.

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………………………..

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K.R. Mohapatra, J.

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Basanta Kumar Bairiganjan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Kumar Bairiganjan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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