Allowed¶33

Bijayani Samal v. Collector,Bhadrak

Orissa HC7 Aug 2024WP(C)/3920/2013

Case brief

AI extract

What is this about?

Odisha HC (Cuttack), W.P.(C) 3920/2013 & 20300/2021, Bijayini Samal v Collector Bhadrak / State of Odisha; Justice B.P. Routray; decided 07-08-2024. OCH & PFL Act 1972, Ss.34, 35, 35(2), 36-A; amendment of 29-12-2023 (S.36-A inserted, Ss.34-35 deleted, no-reopening proviso); Collector's order of 28-12-2012 declaring alienation illegal set aside; alienation and possession confirmed; consequent RoR correction (Annexure-1) set aside.

What did the court decide?

Both writ petitions disposed of as allowed: alienation and possession confirmed in favour of the Petitioner; Collector, Bhadrak's order dated 28 December 2012 (Annexure-1, WP(C) No.3920 of 2013) set aside; impugned RoR under Annexure-1 in WP(C) No.20300 of 2021 set aside to the extent of the properties covered in that order. ¶33

Bijayani Samal Vs Collector,Bhadrak — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether the order dated 28 December 2012 of the Collector, Bhadrak declaring the Petitioner's alienation of property illegal for violation of Sections 34 and 35 of the OCH & PFL Act, 1972 stands, in view of the amendment to the Act effected on 29 December 2023 (Section 36-A inserted, Sections 34 and 35 deleted, no reopening where no eviction was made under Section 35(2)). +1 more

¶27

Court's answer

In view of the amendment effected in the OCH & PFL Act on 29 December 2023 and the admitted possession of the property with the Petitioner, WP(C) No.3920 of 2013 is disposed of confirming the alienation and possession in favour of the Petitioner, and the impugned order of the Collector dated 28 December 2012 under Annexure-1 is set aside.

¶28

Ratio / Principle

Since the Collector's order dated 28 December 2012 is set aside, the impugned RoR under Annexure-1 in WP(C) No.20300 of 2021, prepared consequent upon that order, is also set aside to the extent of the properties covered in the impugned order.

¶32

Detailed headnote1 paragraphs

W.P.(C) No.3920 of 2013 and W.P.(C) No.20300 of 2021 (High Court of Orissa at Cuttack, Shri Justice B.P. Routray, order dated 7.8.2024), both by Smt. Bijayini Samal. The first impugns the order dated 28 December 2012 of the Collector, Bhadrak declaring her alienation of property illegal for violation of Sections 34 and 35 of the OCH & PFL Act, 1972; the second challenges the consequential correction of RoR under Annexure-1. The Act having been amended on 29 December 2023 — Section 36-A inserted, Sections 34 and 35 deleted, and cases where no eviction was made under Section 35(2) barred from being reopened — and possession being admittedly with the petitioner, the Court set aside the Collector's order, confirmed the alienation and possession in her favour, and set aside the consequential RoR in WP(C) No.20300 of 2021 to the extent of the properties covered by the impugned order. Both writ petitions disposed of as allowed.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3920 of 2013 & 20300 of 2021

¶2

WP(C) No.3920 of 2013

¶3

Smt. Bijayini Samal

¶4

…. Petitioner

¶5

Mr. S.K. Mishra, Sr. Advocate

¶6

-versus-

¶7

Collector, Bhadrak and Others

¶8

…. Opposite Parties

¶9

Mr. U.K. Sahoo, Additional Standing Counsel Mr. D. Sahoo on behalf of Mr. P.K. Das, counsel for O.P. 2 & 3

¶10

WP(C) No.20300 of 2021

¶11

Smt. Bijayini Samal

¶12

…. Petitioner

¶13

Mr. S.K. Mishra, Sr. Advocate

¶14

-versus-

¶15

State of Odisha, represented through its Principal Secretary, Revenue and Disaster Management Department and Others

¶16

…. Opposite Parties

¶17

Mr. U.K. Sahoo, Additional Standing Counsel

¶18

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

7.8.2024

Order No.

The matter is taken up through hybrid mode.

¶24

Heard Mr. S.K. Mishra, learned senior counsel for the Petitioners in both the cases, Mr. D. Sahoo, learned counsel for private Opposite Parties and Mr. U.K. Sahoo, learned ASC for State – Opposite Parties.

¶25

Page 1 of 3

¶26

In WP(C) No.3920 of 2013, order dated 28^th December, 2012 of the Collector, Bhadrak is impugned and the consequential correction of RoR under Annexure-1 is challenged in WP(C) No.20300 of 2021. It is thus clear that fate of WP(C) No.20300 of 2021 is depending on the result of the other writ petition, i.e. WP(C) No.3920 of 2013.

¶27

In order dated 28^th December 2012, impugned in WP(C) No.3920 of 2013, the authority has declared the alienation of property as illegal for violation of Section 34 and 35 of the OCH & PFL Act, 1972. In the meantime the OCH & PFL Act has been amended inserting Section 36-A and deleting Section 34 & 35. It is further provided that where no eviction has been made under Section 35(2) before commencement of amendment, said cases shall not be reopened.

¶28

Thus in view of the amendment effected in OCH & PFL Act on 29^th December, 2023 and the admitted fact that the possession is with the Petitioner, the writ petition is disposed of confirming the alienation and possession in favour of the Petitioner. The impugned order dated 28^th December, 2012 under Annexure-1 in WP(C) No.3920 of 2013 is set aside.

¶29

As stated earlier, the impugned ROR under Annexure-1 in WP(C) No.20300 of 2021 was prepared consequent upon the order of the Collector dated 28^th December, 2012 impugned in WP(C) No.3920 of 2013. Therefore, when the order of the Collector dated 28^th December 2012 is set aside, the impugned RoR prepared in favour of private Opposite Parties as per Annexure-1 in WP(C)

¶30

Page 2 of 3

¶31

M.K.Panda

¶32

No.20300 of 2021 is also set aside to the extent of properties covered in the impugned order of the Collector dated 28^th December, 2012.

¶33

Both the writ petitions are disposed of as allowed accordingly.

¶34

( B.P. Routray) Judge

¶35

Signature Not Verified

¶36

Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 08-Aug-2024 16:07:57

¶37

Page 3 of 3

Bijayani Samal v. Collector,Bhadrak

Case brief

What is this about?

What did the court decide?

Bijayani Samal v. Collector,Bhadrak

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

O.I.Co.Ltd Vs Parbati Mahanta

Padmini Majhi Vs Collector and Dm, Nuapara

D.M., M/S. National Insurance Co. Ltd. Vs Sonali Sethi

Kabita Pan Vs State of Odisha

Sujeet Kumar Pradhan Vs State of Odisha

Mangal Sinku Vs State of Odisha