M. Narasingha Rao vs State Of Odisha And Others
2023 Latest Caselaw 2578 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No.32974 of 2021

                             (Through Hybrid mode)

            M. Narasingha Rao                       ....            Petitioner

                                           Mr. Amit Prasad Bose, Advocate

                                         -Versus-
            State of Odisha and others              ....      Opposite Parties

                                         Mr. A.K. Sharma, Advocate (AGA)

                    CORAM:

                    JUSTICE ARINDAM SINHA
                    JUSTICE SANJAY KUMAR MISHRA
                                       ORDER

29.03.2023 Order No.

3. 1. Mr. Bose, learned advocate appears on behalf of petitioner and refers to earlier order dated 15th March, 2023, wherein his submission stood recorded that challenge in the writ petition along with those in the connected items, are all covered by judgment dated 2nd January, 2023 made by the first Division Bench of this Court in, inter alia, WP(C) no.1608 of 2014 (Narottam Rath v. State of Odisha and other).

2. Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, the judgment does not cover the challenge. He refers to parapgraph-18 in the judgment to submit, recovery by resumption of lease was held to be possible under section 3-B of Odisha Government Land

Settlement Act, 1962. Impugned orders were made on resumption of lease under section 3-B. Alternative efficacious statutory remedy is available to petitioner and others in the sub- items. The writ petitions are not maintainable.

3. It appears from impugned order that it was ascertained that the land is never put into any cultivation or agricultural purpose for last 10 years, either by the lessee or the purchasers. Parties are come to ready on legal position regarding clause (a) under section 3-B that omission to cultivate amounts to user for any other purpose.

4. Mr. Sharma prays for two weeks' time to file counter in this and the connected writ petitions. Considering we have formulated the legal issue, extension of time granted is peremptory. Counter in this as well as the connected writ petitions be filed by 12th April, 2023. Petitioner herein and petitioners in the sub-items may file rejoinder, to be accepted on adjourned date upon advance copies served.

5. List on 19th April, 2023.

6. Interim order to continue till next date of hearing.

(Arindam Sinha) Judge

(S. K. Mishra) Judge Padma