Disposed¶25

Umakanta Choudhury v. State of Odisha

Orissa HC18 Mar 2025WP(C)/6834/2025

Case brief

AI extract

What is this about?

Government land settlement; Form-1 application dated 09.01.2024 under S. 5(2) OGLS Rules 1963 pending before Tahasildar, Mahakalapara (Dist. Kendrapara); representation dated 28.06.2024 unanswered; writ petition disposed of with direction to decide within four months and communicate result within two weeks; expressly no opinion on merits; no costs, no quantum.

What did the court decide?

Direction to opp. party no.3 (Tahasildar, Mahakalapara) to take a decision on the Annexure-2 Form-1 settlement application expeditiously, preferably within four months, in accordance with law, and communicate the result to the petitioner within two weeks of taking the decision, if there is no other legal impediment; petitioner to produce certified copy of the order; urgent certified copy issued. ¶25

Umakanta Choudhury Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether opp. party no.3 (Tahasildar, Mahakalapara) can be directed to take a decision on the petitioner's Form-1 application (Annexure-2) for settlement of the case land in his favour.

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Court's answer

Considering the limited nature of the grievance and without expressing any opinion on the merits of the case or the Annexure-2 application, the court directed opp. party no.3 to take a decision on such application expeditiously, preferably within four months, in accordance with law, and to communicate the result to the petitioner within two weeks of taking the decision, if there is no other legal impediment; the petitioner shall produce the certified copy of the order before opp. party no.3.

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Detailed headnote1 paragraphs

Umakanta Choudhury v. Commissioner-cum-Secretary, Revenue and Disaster Management and others, W.P.(C) No.6834 of 2025 (High Court of Orissa at Cuttack; Coram: S.K. Sahoo and Savitri Ratho, JJ.; order dated 18.03.2025): Petitioner sought a direction to the Tahasildar, Mahakalapara to settle the case land applied for in Form-1 (Annexure-2) submitted on 09.01.2024 under S. 5(2) of the OGLS Rules, 1963; a follow-up representation dated 28.06.2024 (Annexure-3) produced no result. Without expressing any opinion on the merits, the court directed opp. party no.3 to take a decision on the Annexure-2 application expeditiously, preferably within four months, in accordance with law, and to communicate the result to the petitioner within two weeks of the decision, if there is no other legal impediment; petitioner to produce certified copy of the order. Writ petition disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.6834 of 2025

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Umakanta Choudhury ….. Petitioner

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Mr. Lambodar Pradhan,

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Advocate

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-versus-

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1. Commissioner -cumSecretary, Revenue and Disaster Management, Odisha Secretariat Building, Bhubaneswar, Khurda

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2. The Collector, Kendrapara

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3. The Tahasildar, Mahakalapara, DistKendrapara

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..... Opp. Parties Mr. Jateswar Nayak, Addl. Govt. Advocate

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CORAM:

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THE HON'BLE MR. JUSTICE S.K. SAHOO THE HON'BLE MISS. JUSTICE SAVITRI RATHO

Order No.

ORDER

18.03.2025

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

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This writ petition has been filed by the petitioner, Umakanta Choudhury, for a direction to the opp. party no.3, inter alia, to settle the case land as mentioned in Form-1 vide Annexure-2 in favour of the petitioner.

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Signature Not Verified

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Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior StenographerReason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Mar-2025 18:53:56

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Learned counsel for the petitioner submits that under 5(2) of the OGLS Rules, 1963, the petitioner submitted the application in Form no.1 under Annexure-2 on

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Page 1 of 2

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09.01.2024 for settlement of Govt. land in his favour and since no action was taken on such application, representation was also filed by the petitioner on 28.06.2024 under Annexure-3, but no fruitful result has come out and therefore, the opp. party no.3 may be directed to take a decision on Annexure-2.

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Learned Addl. Government Advocate has also no objection to such submission made by learned counsel for the petitioner.

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Considering the limited nature of grievance of the petitioner and without expressing any opinion on the merits of the case or the application which has been submitted under Annexure-2, we direct the opp. party no.3 to take a decision on such application expeditiously preferably within a period of four months in accordance with law and communicate the result thereof to the petitioner within a period of two weeks of taking the decision, if there is no other legal impediment. The petitioner shall produce the certified copy of this order before the opp. party no.3 to proceed with the matter.

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Accordingly, the writ petition is disposed of.

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Issue urgent certified copy.

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( S.K. Sahoo)

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Judge

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(Savitri Ratho) Judge

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Rajesh