Jugal Kishore Bhut vs State Of Orissa & Ors
2021 Latest Caselaw 8452 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            W.P.(C) No.4017 of 2021
            Jugal Kishore Bhut                    ....           Petitioner
                                             Mr. Soubhagya S. Das, Adv.

                                       -versus-

            State of Orissa & Ors.                 ....         Opp. Parties

                                               Mr. A.R. Dash, AGA
                                               (for O.Ps.1 to 4)


                      CORAM:
                      JUSTICE S.K. MISHRA
                      JUSTICE SAVITRI RATHO
                                       ORDER

Order No.                             11.08.2021
   02.      1.      This matter is taken up through hybrid mode.

2. Defect Nos.11 and 19 will be removed by the learned counsel for the Petitioner within seven days hence.

3. Heard Mr. Soubhagya S. Das, learned counsel for the Petitioner and Mr. A.R. Dash, leaned Additional Government Advocate for the State.

4. In this Writ Petition, the Petitioner has prayed for a direction to the Revenue Authorities more specifically the Opposite Party Nos.3- Tahasildar, Bhubaneswar, District- Khordha and 4-Assistant Settlement Officer, At-Rental Colony (Camp), Bhubaneswar, District- Khordha to effect necessary corrections in the Record of Right by incorporating the name of

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the Petitioner as rightful owner in possession over the property measuring an area of Ac.0.082 decimals each out of Plot No.647/1646 under Khata No.325/54 of Pathargadia Mouza situated in the local area of Bhubaneswar Municipal Corporation.

5. The facts are not disputed at this stage.

One Ramesh Chandra Behera was granted lease in the year 1974 by the Tahasildar, Bhubaneswar vide W.L. Case No.1668/74 and 1734/74(M). He transferred the said land to the Petitioner. Subsequently, the lease was cancelled by the Additional District Magistrate, Bhubaneswar on 28.07.1998. The Cancellation order passed by the Additional District Magistrate, Bhubaneswar was challenged before this Court in O.J.C. No.10038 of 2004. This Court vide judgment dated 11.07.2005 disposed of the said O.J.C. remanding the matter back to the Additional District Magistrate, Bhubaneswar for consideration of the same afresh. The Additional District Magistrate, Bhubaneswar vide order dated 20.06.2007, after a contesting hearing, came to the conclusion that there is sufficient reason to conclude that the lessee was eligible to get land on lease, hence, the lease sanctioned by the Tahasildar, Bhubaneswar of an area Ac.1.500 dec. in Plot No.647, under Khata No.420 of village Pathargardia out of which an area of Ac.0.164 dec. in his favour is as per law and the lease review is dropped. He also accepted the plea of transfer of the land by the lessee to the present Petitioner.

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6. The grievance of the Petitioner is that the Revenue Authorities are not giving any weight to the order of the Additional District Magistrate, Bhubaneswar.

7. In that view of the matter, we dispose of the writ petition giving liberty to the Petitioner to approach the Opposite Party No.3- Tahasildar, Bhubaneswar, District- Khordha for correction of the ROR by filing a comprehensive and properly articulated application within a period of twenty- one working days hence annexing a copy of the brief and a certified copy of this order. On such event, the Opposite Party No.3- Tahasildar, Bhubaneswar, District- Khordha shall consider such representation of the Petitioner giving reasonable opportunity of hearing to all the parties concern and dispose of the same within a period of three months from the date of production/ receipt of the representation along with a copy of the brief and a certified copy of this order, by a reasoned and speaking order.

8. Accordingly, this Writ Petition is disposed of.

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

( S. K.Mishra) Judge

( Savitri Ratho ) Judge BJ