Dipa Meher vs State Of Odisha & Ors. .... Opposite ...
2025 Latest Caselaw 245 Ori

Orissa High Court

Dipa Meher vs State Of Odisha & Ors. .... Opposite ... on 6 May, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                              W.P.(C) No.12397 of 2025

                 Dipa Meher                          ....           Petitioner

                                                     Mr. P.K. Nayak, Advocate


                                          -versus-
                 State of Odisha & ors.              ....     Opposite Parties

                                                          Mr. M.K. Dash, ASC

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                         ORDER

06.05.2025 Order No.

02. This matter is taken up through hybrid mode.

2. The Petitioner belongs to Schedule Tribe community being Kulis (ST) and claims to be a recorded tenant in respect of land situated at Mouza-Sambalpur Town Unit No.10 (Durgapali), P.S. Sambalpur, P.S. No.01, Tahasildar- Sambalpur No.229, Dist- Sambalpur, bearing Major Settlement Khata No.166/566, Plot No.1122/2324, area Ac 0.095 dec, Kisam-Gharabari. He intends to sale the said property to a non-Scheduled Tribe person.

3. A prayer has been made in the writ petition to pass appropriate order declaring that Section 22 of the OLR Act is not applicable to Gharabari kisam of land belonging to Schedule Caste and Schedule Tribe people situated within the notified urban area.

4. It has been stated in the writ petition that the aforesaid land of the Petitioner is situated in an area i.e. Durgapali, which has been notified to be urban area vide Gazette Notification dated 15th July, 2015. As per section 73 (C) of Orissa Land Reforms Act, 1960, the said area is exempted from the purview of the said Act and no permission is required under section 22 of the Act.

5. Heard learned Counsel for the Petitioner so also Mr. Dash, learned ASC.

6. The learned State Counsel admits that the subject matter of the present writ petition is squarely covered by the judgment of this Court reported in 2024 (II) OLR-588 (Hemanta Naik & ors. & State of Odisha & anr.).

7. Accordingly, the writ petition stands disposed of giving liberty to the Petitioner to approach the Tahasildar, Sambalpur to give his opinion regarding the usability of the land. In such event, the Tahasildar, Sambalpur (O.P. No.3) is directed to give his opinion in respect of the land of the Petitioner regarding its usability within a period of sixty days from the date of such application. Depending upon such opinion of the Opposite Party No.3, the Petitioner may approach the Registering Officer to do the needful.

8. With the said observation and direction, the writ petition stands disposed of.

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

(S.K. MISHRA) JUDGE

Banita

Signed by: BANITA PRIYADARSHINI PALEI

Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 07-May-2025 18:12:48