Smt. Smriti Chand vs The Addl. District Magistrate
2023 Latest Caselaw 554 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   W.P.(C) No.19091 of 2013
            Smt. Smriti Chand                          ....            Petitioner
                                              Mr. S.P. Misra, Senior Advocate

                                         -versus-
            The   Addl.   District       Magistrate, ....       Opposite Parties
            Bhubaneswar & Others
                                     Mr. D.K. Mohanty, Addl. Govt. Advocate

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE M. S. RAMAN

                                        ORDER

17.01.2023 Order No.

05. 1. The challenge in the present petition is to an order 4th May, 2014 passed by the Addl. District Magistrate, Bhubaneswar (ADM) setting aside the settlement of the case land made by the Tahasildar, Bhubaneswar in favour of the present Petitioner by order dated 25th January, 1974 in W.L. Case No. 1826 of 1973 in relation to an area of Ac.1.000 decimal from out of Plot No. 583 under Khata No. 420 of Mouza-Pathargadia.

2. In the impugned order, the ADM has relied upon the judgment of this Court in Biswajit Jena v. Member Board of Revenue 108 (2009) CLT 296 to hold that the Orissa Communal, Forest and Private Lands (Prohibition of Alienation) Act, 1948 bars the allotment of the lease in favour of the Petitioner since the land in question is 'CHHOTA JUNGLE' in nature.

3. It is pointed out by Mr. S.P. Misra, learned Senior Counsel appearing for the Petitioner, that the aforementioned judgment of

this Court in Biswajit Jena v. Member Board of Revenue (supra), has been reversed by the Supreme Court of India by order dated 14th December, 2012 in Civil Appeal No. 9086 of 2012.

4. In that view of the matter, the impugned order of the ADM is hereby set aside and Revision Case No. 729 of 1987 is restored to file of the ADM for being decided afresh in accordance with law. The said case will be listed before the ADM, Bhubaneswar on 27th March, 2023 on which date the Petitioner will appear with a downloaded copy of this order. The ADM is requested to dispose of the said R.C. No. 729 of 1987 within a period of six months thereafter and till such time, status quo shall be maintained in respect of the land in question. It is clarified that all the points urged in the present petition are permitted to be urged by the Petitioner before the ADM.

5. It is made clear that this Court has not expressed any view in the matter.

6. The writ petition is disposed of in the above terms.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge Aks