Jalandhar Muna vs State Of Odisha And Others .... Opposite ...
2024 Latest Caselaw 16718 Ori

Orissa High Court

Jalandhar Muna vs State Of Odisha And Others .... Opposite ... on 14 November, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                IN THE HIGH COURT OF ORISSA AT CUTTACK
                         W.P.(C) No.28007 of 2024
        Jalandhar Muna                             ....                Petitioner

                                                   Mr. S. Tibrewal, Advocate

                                       -Versus-

        State of Odisha and others                 ....         Opposite Parties
                                                           Mr. P.K. Ray, AGA

                   CORAM:
                   MR. JUSTICE R.K. PATTANAIK

                                      ORDER

Order                                14.11.2024
No.
01.     1.      Heard Mr. Tibrewal, learned counsel for the petitioner and

Mr. Ray, learned AGA for the State opposite parties.

2. Instant writ petition is filed by the petitioner for a direction to opposite party No.3 to reconsider the case in the light of the judgment in Hemanta Naik Vrs. State of Odisha and another and batch of matters decided and disposed of on 23rd August, 2024 and to allow registration of the case land as per the sale deed executed in his favour.

3. Mr. Tibrewal, learned counsel for the petitioner submits that the sale deed was returned by opposite party No.3 without registration referring to Section 22 of the OLR Act, however, the same is permissible in view of the directions issued in Hemanta Naik (supra) and while claiming so, he produced a copy of the judgment passed therein.

4. Recorded the submission of Mr. Ray, learned AGA for the State.

5. As per the decision in Hemanta Naik (supra), it has been directed that mere inclusion of the land in an Urban area or within the limits of Sambalpur Municipal Corporation would not exclude the applicability of Section 22 of the OLR Act but at the same time, a fact finding enquiry is required to be conducted by the competent Revenue Authority on a case to case basis to ascertain the usability of the land involved for other than agricultural purpose.

6. Considering the plea of the petitioner and since registration of the sale deed has not been entertained by opposite party No.3, the Court is inclined to direct the said authority and opposite party No. 2 to examine the case of the petitioner afresh taking into account the law decided by this Court in Hemanta Naik (supra).

7. Accordingly, it is ordered.

8. In the result, the writ petition stands disposed of with the direction as aforesaid. It is further directed that the case of the petitioner shall be duly examined and considered in the light of the decision in Hemanta Naik (supra) followed by an order by opposite party Nos.2 and 3 according to law.

9. Urgent certified copy of this order be issued as per rules.

(R.K. Pattanaik)

Rojina SAHOO

Designation: Junior Stenographer Reason: Authentication Location: OHC, CTC Date: 18-Nov-2024 14:15:44