Disposed

Ratnakar Mohanty v. State of Odisha

Orissa HC18 Sept 2024WP(C)/20234/2024

Case brief

AI extract

What is this about?

In this writ petition challenging a survey report and seeking land settlement, the Court permitted the petitioner to file an application under Section 8-A of the O.P.L.E. Act. Stating that the scheme is for the needy not the greedy, the Court noted the petitioner had possessed the land for over thirty years. An injunction was granted pending the application.

What did the court decide?

Permission to file an application under Section 8-A of the O.P.L.E. Act within ten days; interim stay on coercive action regarding eviction notice.

Ratnakar Mohanty Vs State of Odisha — Land Acquisition | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.20234 of 2024

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Ratnakar Mohanty …. Petitioner(s)

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Mr. Hrudananda Mohapatra, Adv.

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-versus-

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State of Odisha & Ors. …. Opposite Parties Mr. Dhananjaya Mund, AGA

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CORAM:

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DR. JUSTICE S.K. PANIGRAHI

Order

No.

ORDER 18.09.2024

1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner has challenged the action of the Tahasildar, Athagarh in issuing the Form ‘Kha’ under Annexure-5.

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Apart from this, the Petitioner claiming himself to be a person having possession over the case land since more than thirty years, has sought for a direction from this Court to the Opposite Parties for settlement of the land in question in his favour.

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3 . At the outset, learned counsel for the State submits that there is a clear statutory remedy available under Section 8-A of the O.P.L.E. Act for the above purpose. He further contends that instead of approaching the authority concerned as per the above provision, the Petitioner has preferred this Writ Petition.

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Page 1 of 2

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4. In such view of the matter and considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to file an appropriate application as per the provision under Section 8-A of the O.P.L.E Act before the concerned authority, within a period of ten working days from the date of presentation of an authenticated copy of this order. However, this Court is of the view that the intention of the Section 8-A of the O.P.L.E. Act is meant for the needy not for the greedy and in the present case it seems that the present Petitioner is a greedy.

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5. It is further directed that till the application to be filed by the Petitioner is taken up, no coercive action shall be taken against the Petitioner pursuant to the notice of eviction.

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6. It is also made clear that if the application at the instance of the Petitioner is not filed within the time stipulated hereinabove, the authority concerned shall not entertain the interim prayer at all.

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7. This Writ Petition is, accordingly, disposed of.

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Sumitra Signature Not Verified

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(Dr. S.K. Panigrahi) Judge

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Sep-2024 18:19:03

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Ratnakar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ratnakar Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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