Makara Tudu v. the Tahasildar, Mahakalapara

Orissa HC2 Apr 2024WP(C)/7190/2024

Case brief

AI extract

What is this about?

Keywords: W.P.(C) No.7190 of 2024; Makara Tudu v. The Tahasildar, Mahakalapara; High Court of Orissa at Cuttack; R.K. Pattanaik, J.; OPLE Act; land settlement; show cause in Form 'Ka'; E.C. No.5712 of 2016-17; Plot Nos.654(P) & 655; Khata No.51; Kendrapara; status quo; direction to dispose within four weeks; mandamus-type writ direction; order dated 02.04.2024.

What did the court decide?

Direction to the opposite party (Tahasildar, Mahakalapara) to examine the petitioner's show cause dated 15.03.2017 (Annexure-2), dispose of E.C. No.5712 of 2016-17 preferably within four weeks from receipt of a copy of the order, while maintaining status quo over the land in question till such time; urgent certified copy as per rules. ¶¶22

Makara Tudu Vs the Tahasildar, Mahakalapara — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7190 of 2024

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Makara Tudu

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Petitioner

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Mr. L. Pradhan, Advocate

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-Versus-

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The Tahasildar, Mahakalapara

…. Opposite Party

Mr. P.K. Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK ORDER

02.04.2024

Order No.

Heard learned counsel for the petitioner and Mr. Rout, learned AGA for the State appearing for the opposite party.

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Instant writ petition is filed by the petitioner for a direction to the opposite party to settle the schedule land situate over schedule Plot Nos.654(P) & 655 measuring area of Ac.0.11 & 0.04 decimals under Khata No.51 of the concerned Mouza in the district of Kendrapara in connection with E.C. No.5712 of 2016-17 in his favour considering the show cause as at Annexure-2 on the grounds stated therein.

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Learned counsel for the petitioner submits that in response to the impugned notice in Form ‘Ka’ as at Annexure-1, the petitioner responded to it vide Annexure-2, however, the same has not been considered yet which is with regard to settlement of the schedule land.

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Mr. Rout, learned AGA appearing for the opposite party submits that since the show cause is already said to have been

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submitted by the petitioner, a direction may perhaps be issued to the authority concerned, to examine it according to law.

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Without expressing anything on the merits of the case as to the entitlement of the petitioners for settlement in terms of the provisions of the OPLE Act, the Court is of the view that the show cause dated 15^th March, 2017 vide Annexure-2 submitted by him should be examined by the opposite party disposing of the proceeding in E.C. No.5712 of 2016-17 at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order maintaining status quo with respect to the land in question till such time and accordingly, it is ordered.

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Consequently, the writ petition stands disposed of in the
above terms.
7. Urgent certified copy of this order be issued as per rules.
(R.K. Pattanaik)
Judge

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Balaram

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Signature Not Verified

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Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 03-Apr-2024 13:09:27

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Makara Tudu v. the Tahasildar, Mahakalapara

Case brief

What is this about?

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Makara Tudu v. the Tahasildar, Mahakalapara

Case brief

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