Remanded

Srikant Ku.Nayak v. State and Ors.

Orissa HC23 Apr 2024WP(C)/22693/2013

Case brief

AI extract

What is this about?

Writ petition challenging an order directing land recording in Government khata without prior hearing. The High Court of Orissa set aside the order and remanded the matter for a fresh decision after a hearing opportunity.

What did the court decide?

Impugned order under Annexure-7A set aside; matter remanded to Opposite Party No.2 for fresh decision after granting opportunity of hearing.

Srikant Ku.Nayak Vs State and Ors. — Property and Title | Orissa HC (2024)

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 18-Jun-2024 13:03:52

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.22693 of 2013

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Srikanta Kumar Nayak

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…. Petitioner Mr. S.K.Sahu, Advocate

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-versus-

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State of Odisha & Ors..

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…. Opposite Parties Mr.S.P.Panda, AGA

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER 23.4.2024

Order No.

This matter is taken up through hybrid mode.

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Heard Mr.Sahu, learned counsel for the Petitioner and Mr.Panda, learned Additional Government Advocate for the State.

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The Petitioner has prayed to quash the order of the Assistant Settlement Officer (Opposite Party No.2) under Annexure-7A (undated order).

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Petitioner’s case is that, he purchased the case land, i.e. Hal Plot No.3251 measuring Ac. O.100 dec. under Hal Khata No.3598 corresponding to Sabik Khata No.233/164 from his vendor namely, Durgapada Bose on 13^th April 1983 vide RSD No.932. Said Durgapada Bose got a patch of land measuring Ac.5.00 dec on lease vide W.L.L. Case No.961 of 1973. The

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Page 1 of 3

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 18-Jun-2024 13:03:52

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Petitioner applied for mutation of the case land in his favour and ack conversion of the same as homestead before Opposite Party No.2, which was registered as Rent Objection Case No.887/984 of 2012. Opposite Party No.2 by order dated 3^rd January 2013 (Annexure-5) directed the Petitioner to deposit Rs.30,340/towards premium for conversion fees and the Petitioner immediately deposited the same.

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Thereafter, Opposite Party No.2 directed under Annexure-7 (undated order) for recording the case land in the name of the Petitioner in stitiban status. But subsequently he (Opposite Party No.2) reviewed his decision and cancelled the earlier order and directed to record the case land in Government khata in favour of G.A. Department.

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It is submitted on behalf of the Petitioner that the authority passed the order under Annexure-7A without granting any opportunity of hearing to the Petitioner and without taking note of the valid documents in his favour.

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As mentioned earlier, both the orders under Annexure7 & 7A are undated orders. After the direction was issued to deposit the conversion fee, the same was deposited by the Petitioner and then Opposite Party No.2 directed to record the land in favour of the Petitioner under Annexure-7. So no reason is seen on the part of Opposite Party No.2 to review his own decision to record the land in Government khata. Since the Petitioner submits that no opportunity of hearing has been granted to him before directing to record the land in Government khata,

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Page 2 of 3

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 18-Jun-2024 13:03:52

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the impugned order under Annexure-7A is set aside and the ack matter is sent back to Opposite Party No.2 for fresh decision after granting due opportunity of hearing to the Petitioner.

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The writ petition is disposed of.

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(B.P. Routray) Judge

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C.R.Biswal

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Srikant Ku.Nayak v. State and Ors.

Case brief

What is this about?

What did the court decide?

Srikant Ku.Nayak v. State and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Case details

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