Balabhadra Tripathy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 741 OF 2022 Balabhadra Tripathy ....

Petitioner Mr. Bijaya Kumar Behera, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

17.03.2022 4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction to the Tahasildar, Cuttack-Opposite Party No.3 as well as Tahasildar, Baranga-Opposite Party No.4 to supply the certified copy of the case record in Lease Case No.135R of 1998, wherein Plot No.820 under Khata No. 563 situated in mouza Naraj Marthapur in the district of Cuttack was settled in favour of one Prabhupada Das, son of Harihar Das.

3.

When the matter was listed on 4th March, 2022, learned State Counsel, on instruction, submitted that the case record in Lease Case No.135R of 1998 is not available either in the office of Tahasildar, Sadar, Cuttack or in the office of Tahasildar, Baranga under whose jurisdiction the land in question presently situates. He further submitted that the institution register of the relevant period shows that Lease Case No.135R of 1998 was filed by one Prabhu Prasad Das, son of Harihar Das, which was never transferred to Baranga Tahasil. In that view of the matter, this Court directed the learned State Counsel to produce the

// 2 // relevant institution register containing Lease Case No.135R of 1998.

4.

Today, Mr. Mishra, learned Additional Standing Counsel placed the institution register of the court of Tahasildar, Sadar, Cuttack before this Court containing the entries made from 7th July, 1993 to 15th September, 1998, which shows that at Sl.No.7 there is an entry of Lease Case No.135R of 1998 in the institution register. The said lease case was initiated at the instance of one Prabhu Prasad Das, son of Harihar Das. The date of institution of Lease Case No.135R of 1998 is stated as 15th September, 1998, but there is no entry with regard to final disposal of the said lease case.

5.

The institution register is also verified by Mr. Behera, learned counsel for the Petitioner in Court. He, therefore, submits that a certified copy of the relevant portion of the institution register may be supplied to the Petitioner for his reference.

6.

In view of the above, this writ petition is disposed of with a direction that on making an application in proper format complete in all respect along with certified copy of this order within a period of two weeks hence, a copy of the relevant portion of the institution register containing the entry of Lease Case No.135R of 1998 shall be supplied to the Petitioner within a period of fifteen days thereafter on proper acknowledgement. 7.

The institution register is made over to Mr. Mishra, learned Additional Standing Counsel.

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

(K.R. Mohapatra) bks Judge