Dismissed
Bijana Kumar Harichandan v. State of Odisha
Orissa HCWP(C)/664/2021
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W.P.(C) No. 664 of 2021
Due to outbreak of COVID-19, this matter is taken up through Video Conferencing.
Heard Mr. Pradeep Kumar Parida, learned counsel for the petitioner and Mr. Arun Kumar Mishra, learned Additional Government Advocate for the State.
The petitioner in this writ petition prays for a direction to the opposite parties to consider his representation under Annexure-1 and to lease out a piece of Government land in his favour over which he is allegedly residing since last 70 years.
Mr. Parida, learned counsel for the petitioner submits that a direction may be issued to the Tahasildar, Bhubaneswar to dispose of his representation as at Annexure-1.
Mr. Mishra, learned Additional Government Advocate for the State vehemently objected to the same. It is his submission that a Government land cannot be leased out on the basis of representation in favour of the petitioner. Thus, the representation stated to have been filed by the petitioner as under Annexure-1 is misconceived and no cognizance can be taken of the same. He, therefore, prays for dismissal of the writ petition being not maintainable.
Taking into consideration the submissions made by learned counsel for the parties, it appears that the petitioner has not made any application to lease out a
2
Government land as per law and the representation stated to have been filed by the petitioner under Annexure-1 cannot give rise to a cause of action to file this writ petition. Accordingly, the writ petition being not maintainable is dismissed. It is open to the petitioner to approach the authority, in accordance with law for redressal of his grievances.
An 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.
……..……………………
K.R. MOHAPATRA, J.
bct
2 issues framed by the court
Whether a writ petition seeking direction to lease government land on the basis of a representation without a formal application is maintainable.
Whether a mere representation can give rise to a cause of action for leasing government land.
Petitioner
State
K.R. MOHAPATRA
As recorded by the court registry
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