Disposed

Alekha Prasad Routray v. State of Odisha

Orissa HC2 Mar 2021WP(C)/4418/2021

Case brief

AI extract

What is this about?

Single judge disposed of writ petition seeking early disposal of Record of Rights. Court directed Tahasildar to conduct field enquiry and submit report to Commissioner for final decision, distinguishing Commissioner’s power to require report over remitting back.

What did the court decide?

Director the Tahasildar to conduct field enquiry and submit report to Commissioner; entire exercise completed within six months.

Alekha Prasad Routray Vs State of Odisha — Land Acquisition | Orissa HC (2021)

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W.P.(C) No.4418 of 2021

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02.03.2021

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None appears for the petitioner at the time of call.

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Heard Mr. Dillip Kumar Mishra, learned Additional Government Advocate for the Stateopposite party nos.1 and 2 through virtual mode.

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This writ petition has been filed for a direction to the Tahasildar, Mahakalpada for early disposal of R.P. No.770 of 2015.

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It is submitted that R.P. No.770 of 2015 was disposed of on 24.07.2019 by the Commissioner, Consolidation, Odisha, Cuttack directing the Tahasildar, Mahakalpada to conduct field enquiry in presence of the petitioner and affected land owners after verifying the documents of title and by superimposition of sabik and hal maps effect correction of the suit area and map accordingly.

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Mr. Mishra, learned Additional Government Advocate for the State submits that such a direction could not have been issued to the Tahasildar, Mahakalpada. Relying upon the decision of this Court in the case of Smt. Bijaya Chatterjee –vCommissioner, Land Records and Settlement, Orissa and Others; reported in 2000 (II) OLR 349, he submits that the Commissioner while exercising the power under Section 15(b) of the Orissa Survey & Settlement Act, 1958 (for short ‘the Act’) cannot remit

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the matter back to the concerned Tahasildar to take a final decision in the matter. He can call for a report from the concerned Tahasildar and take a final decision by himself. Thus, the prayer made in the writ petition is misconceived.

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Taking into consideration the averments made in the writ petition as well as submission made by Mr. Mishra, learned Additional Government Advocate for the State, this Court disposes of the writ petition with a direction that the Tahasildar, Mahakalpadaopposite party no.2 shall conduct field enquiry in presence of the affected persons and submit a report to the Commissioner, Consolidation, Odisha, Cuttack to take a final decision in the matter.

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The entire exercise shall be completed within a period of six months from the date of production of certified copy of this order.

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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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Alekha Prasad Routray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alekha Prasad Routray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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