M/S. Jagabandhu Enterprisers Pvt vs State Of Odisha And Others
2023 Latest Caselaw 1390 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                           WP(C) No.2753 of 2023

   M/s. Jagabandhu Enterprisers Pvt.               ....                      Petitioner
   Ltd., Bhubaneswar
                                        -versus-
   State of Odisha and others                      ....              Opposite Parties


   Advocates appeared in this case :

   For Petitioner :              Mr. N.K. Sahu, Advocate

   For Opposite Parties : Mr. A.K. Sharma, A.G.A.


   CORAM:
   JUSTICE ARINDAM SINHA
   JUSTICE SANJAY KUMAR MISHRA

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                 Date of hearing and Judgment: 09.02.2023
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   ARINDAM SINHA, J.

1. Mr. Sahu, learned advocate appears on behalf of petitioner

and submits, his client was granted lease in respect of a stone quarry.

Demarcation is being sought to be made in respect of the quarry. His

client filed petition dated 21st November, 2022 under section 3-B in

Odisha Government Land Settlement Act, 1962. The petition is

pending. However, the authorities are moving in respect of the land.

He prays there be direction to forthwith consider his client's petition

and interim protection.

2. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and submits, there were orders

made by a learned Single Judge of this Court dated 30th November,

2022 and 16th December, 2022 respectively in WP(C) no.32212 of

2022 (Biswambar Naik and others v. State of Odisha and others) and

WP(C) no.34205 of 2022 (Kartika Samal and others v. State of

Odisha and others). He submits, the orders are for demarcation of the

land on grant of lease to petitioners therein under 'Basundhara

Scheme'. The leases were granted in year 2001.

3. He draws attention to letter dated 10th January, 2023

(annexure-17) of the Tahsildar addressed to the Revenue Inspector

and objection dated 9th January, 2023 of petitioner in respect of

demarcation case involving one of the writ petitions WP(C) no.32212

of 2022. He submits, petitioner is well aware that the authority is

acting for implementation of orders passed by the learned Single

Judge on grant of lease in year 2001.

4. It becomes clear to us that petitioner is claiming the land for

purposes of running stone quarry. There have been taken steps for

demarcation of lease land to petitioners in aforesaid writ petitions.

Petitioner appears to have been affected. It has made a petition under

section 3-B. Obviously, there has been order of resumption and/or

imposition of penalty and petitioner has petitioned against it. Not

having been made party to the writ petitions, said orders dated 30th

November, 2022 and 16th December, 2022, it cannot be said petitioner

is lawfully bound to comply with the same. In the circumstances, it is

imperative for the petition under section 3-B to be dealt with as

expeditiously as possible.

5. The Tahsildar, Gondia is directed to consider and deal with

the petition made by petitioner under section 3-B. Till two weeks after

communication of the result of consideration, status quo will operate

in respect of the land being subject matter of the petition (under

section 3-B).

6. The writ petition is disposed of.

( Arindam Sinha ) Judge

( S. K. Mishra ) Judge

P. Pradhan