Sujit Kumar Mirig vs State Of Odisha & Anr. .... Opposite ...
2025 Latest Caselaw 354 Ori

Orissa High Court

Sujit Kumar Mirig vs State Of Odisha & Anr. .... Opposite ... on 8 May, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No.3870 of 2025

                 Sujit Kumar Mirig                   ....             Petitioner

                                                Mr. S.K. Dwivedy, Advocate


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

                                                          Mrs. U. Padhi, ASC

                    CORAM: JUSTICE SANJAY KUMAR MISHRA

                                       ORDER

08.05.2025 Order No.

05. This matter is taken up through hybrid mode.

2. The Petitioner, who belongs to Scheduled Caste community being Chamar (SC) and claims to be the recorded tenant in respect of land situated at Mouza- Chaunrpur, Tahasil-Sambalpur, bearing Khata No.280/934, Plot No.1455/2894, area Ac.0.40 dec, Kisam- Gharabari, intends to sale the said property to a General Caste/ Non-Scheduled Caste 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 Scheduled Caste and Scheduled 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. Chaunrpur, which has been notified to be urban area vide Gazette Notification dated 2nd November, 2016. 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 Mrs. Padhi, 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 Collector & District Magistrate, Sambalpur to give his opinion regarding the usability of the land. In such event, the Collector & District Magistrate, Sambalpur (O.P. No.2) is directed to give his opinion in respect of the land of the Petitioner regarding its usability at the earliest, preferably within a period of sixty days from the date of such application. Depending upon such opinion of the Opposite Party No.2 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

Prasant

Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 09-May-2025 16:08:07