Disposed¶24

Samasan Digal v. State of Odisha

Orissa HC19 Mar 2025WP(C)/7220/2025

Case brief

AI extract

What is this about?

Premature writ petition: Form-1 settlement application (Rule 5(2), OGLS Rules, 1983) dated 05.03.2025 already despatched by post to Tahasildar, Daringibadi, Kandhamal on 06.03.2025 before the writ petition was filed on 07.03.2025; Bench declined any order, left authority to consider Annexure-1 application per law; petition disposed of. OGLS Act, 1962; representation vs application correction; High Court of Orissa at Cuttack.

What did the court decide?

None; the court declined to pass any order, leaving it to the authority to consider the Annexure-1 application in accordance with law, and directed issue of urgent certified copy as per Rules. ¶24

Samasan Digal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.7220 of 2025

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Samasan Digal

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….. Petitioner

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Mr. Ashit Kumar Dash, Advocate

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-versus-

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1. State of Odisha represented through its Commissioner-cumSecretary, Revenue & Disaster Management Department, BBSR

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2. Collector-cum- District Magistrate, Kandhamal, Phulbani

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3. Tahasildar, Daringibadi, Kandhamal

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..... Opp. Parties

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Mr. Partha Sarathi Nayak Addl. Govt. Advocate

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CORAM:

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

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THE HON'BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

19.03.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel appearing for the petitioner.

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This writ petition has been filed by the petitioner Samasan Digal for a direction to the opposite party

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Page 1 of 2

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no.3, Tahasildar, Daringibadi, Kandhamal to consider the grievance of the petitioner on the representation dated 05.03.2025 as per provision of the OGLS Act, 1962.

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On perusal of Annexure-1, it appears that the petitioner applied for settlement of Govt. Land in Form-1 as provided in Rule 5(2) of the OGLS Rules, 1983 on 05.03.2025, which was sent to the concerned authority on 06.03.2025 by post. The writ petition has been filed on 07.03.2025. In the prayer portion of the writ petition, though it is mentioned ‘representation dated 05.03.2025’, but the same is not correct since it is an ‘application dated 05.03.2025’.

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Be that as it may, since the application dated 05.03.2025 has been sent to the authority concerned on 06.03.2025 and the writ petition has been filed on 07.03.2025, we are not inclined to pass any order in this writ petition. It is up-to the authority to consider the application under Annexure-1 in accordance with law.

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Accordingly, the writ petition stands disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo)

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Judge

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Signature Not Verified

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(Savitri Ratho)

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Digitally Signed Signed by: PRAVAKAR NAYAK Reason: Authentication Pravakar Location: HIGH COURT OF ORISSA, CU TTACK Date: 20-Mar-2025 18:35:03