Parbati Acharya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Parbati Acharya Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction issued to opposite party no.4, the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack, to take a decision on the petitioner's Annexure-3 representation and pass an appropriate order in accordance with law within three months from production of a certified copy of the order (if there is no other impediment), and to communicate the decision to the petitioner within two weeks of taking the decision.

Issue for consideration

Whether the opposite parties should be directed to settle the land of Plot No.65/1149 (area Ac.0.04 decimals out of Ac.3.510 decimals under Khata No.245, corresponding to Not Final Plot No.2313 Ac.0.040 decimals out of Ac.0.165 decimals, Sabik Kissam Chhota Jungle, Mouza Sampur, P.S. Chandaka, Tahasil Bhubaneswar, Dist. Khordha) in favour of the petitioner, change the Kissam from Chhota Jungle to Homestead, and convert the Govt. Khata (G.A. Department) to Sthitiban. +1 more

Ratio / Principle

Without expressing any opinion on the merits of the case, the court disposed of the writ petition by directing opposite party no.4, the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack, to take a decision on the petitioner's representation filed vide Annexure-3 and pass an appropriate order in accordance with law within three months from the date of production of a certified copy of the order, if there is no other impediment.

Key takeaways

The decision taken on the representation shall be communicated to the petitioner by the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack within two weeks of taking the decision.ratio¶26

Detailed headnote1 paragraphs

Writ Petition (W.P.(C) No.3180 of 2025, High Court of Orissa at Cuttack, decided 11.02.2025) filed by Parbati Acharya sought (i) settlement in her favour of Plot No.65/1149 (Ac.0.04 decimals out of Ac.3.510 decimals under Khata No.245, corresponding to Not Final Plot No.2313, Sabik Kissam Chhota Jungle, Mouza Sampur, P.S. Chandaka, Tahasil Bhubaneswar, Dist. Khordha), with the Kissam changed from Chhota Jungle to Homestead and the Govt. Khata (G.A. Department) converted to Sthitiban; and (ii) disposal by opposite party no.4 - the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack - of her representation (Annexure-3, pending since 20.01.2024) in accordance with the OGLS Act. Learned counsel for the State raised no objection. The bench of S.K. Sahoo and Savitri Ratho, JJ., without expressing any opinion on the merits, disposed of the petition directing OP-4 to take a decision on the Annexure-3 representation and pass an appropriate order in accordance with law within three months from production of a certified copy of the order (if there is no other impediment), and to communicate the decision to the petitioner within two weeks of taking it.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.3180 of 2025

Parbati Acharya

…. Petitioner

Ms. Geetarani Mallick, Advocate

-versus-

State of Odisha and …. Opp. Parties others

Mr. P.P. Behera, Addl. Standing Counsel

CORAM: THE HON'BLE MR. JUSTICE S.K. SAHOO

THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

11.02.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This writ petition has been filed by the petitioner with the following prayer:-

“1. Why the opposite parties will not be directed to settle the land in respect of Plot No.65/1149 area Ac.0.04 decimals out of Ac.3.510 decimals under Khata No.245 corresponding to Not Final Plot No.2313 Ac.0.040 decimals out of Ac.0.165 decimals, Sabik KissamChhota Jungle of Mouza- Sampur, P.S.Chandaka, Tahasil- Bhubaneswar, Dist.-

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Khordha in favour of the petitioner and also change the Kissam- Chhota Jungle to Homestead and Govt. Khata (G.A. Department) to Sthitiban and

Why the opposite party no.4 will not be directed to dispose of the representation vide Annexure-3 in order to look into the grievance of the petitioner and to take decision following the provision contained in the OGLS Act within a stipulated period.”

Learned counsel for the petitioner submitted that though the representation under Annexure-3 on this issue, is pending with the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack i.e. opposite party no.4 since 20.01.2024, no communication has been received from the concerned Authority and a direction may be issued to the Authority for disposal of the same.

Learned counsel for the State has no objection to such submission.

Considering the submissions made by the learned counsel for the respective parties, without expressing any opinion on the merits of the case, we dispose of the writ petition directing the opposite party no.4, the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack to take a decision on the representation filed by the petitioner vide Annexure-3 and pass appropriate order in accordance with law within a period of three

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RKM

months from the date of production of a certified copy of this order, if there is no other impediment. The order shall be communicated to the petitioner by the Settlement Officer, Cuttack Major Settlement, Jobra, Cuttack within two weeks of taking the decision.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

( Savitri Ratho) Judge

Signature Not Verified

Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 13-Feb-2025 13:20:19

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