Petitioner challenged vesting of land to Government Khata following non-payment of rent/salami under 2002 order. Court dismissed writ petition as land was already vested, directing petitioner to seek other legal remedies.
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W.P.(C) No. 4127 of 2021
4. 22.04.2021
This matter is taken up through video conferencing mode.
“ In view of the above facts this case is allowed in favour of Dinabandhu Daruan s/o Dukhishyam, Gopal Daruan and Gariba Daruan s/o- Arjun, Bhabagrahi Daruan, Padmanabha Daruan, Gaya Daruan s/oRameswar and they are directed to deposit the back rent and salami as follows:-
Khata Plot Back rent Salami No. No. Including the current year ------- ------------------------- --------------
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907 2312 Rs. 34.50 Rs. 337.50 2317 Rs.489.90 Rs.4689.00 Total - Rs.524.40 Rs.5026.50
Inform the party to deposit the back rent and salami by 20.3.2002.
Pronounced the order in open court today, i.e., 27th Feb’ 2002.
Case posted to 20.03.2002.”
But the petitioner being a rustic villager could not take follow up action in the matter and could not deposit the amount immediately. However, he went on paying rent to the Government with an impression that the land has already been recorded in his name. It is submitted by Mr. Dash, learned counsel for the petitioner that the petitioner is ready and willing to deposit the arrear rent and salami as directed vide order dated 27.02.2002 and prays for a direction to record the land in his name by implementing the direction made in order dated 27.02.2002 in Bebandobasta Case No.12 of 2002.
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“This case is put up today. From the case record, it is seen that the party has not yet deposited the salami and ground rent in spite of contact by the R.I., Rampur. He has also reported that the party has not yet deposited the amount in his office. Hence it is not possible to change the record in his name.
Hence the land in Khata No.907 plot no.2312 and 2317 is vested to Government Khata.
Send the C.R. to R.I. for necessary correction and also start an encroachment case soon after the change of record against the encroacher.”
5.1 Thus, in view of the above and that the land in question has already been taken to Government Khata, the prayer of the petitioner cannot be granted. Hence, he prays for dismissal of the writ petition.
7.1 As restrictions due to resurgence of COVID19 situation are continuing, learned counsel for the
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parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court’s Notice No.4587 dated 25th March, 2020 as modified by Court’s Notice No.4798 dated 15th April, 2021.
……................................ K.R. Mohapatra,J.
ss
Dinabandhu Daruan and others
Revenue Officer, Rampur
K.R. Mohapatra
As recorded by the court registry
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