Sakuntala Das v. Board Revenue,Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 20505 of 2009 Sakuntala Das and Others ....

Petitioners Mr. Soumya Mishra, Advocate -versusBoard of Revenue, Odisha, Cuttack and Others ....

Opposite Parties Mr. Debakanta Mohanty, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK Order No.

ORDER

29.03.2022 13.

1. Pursuant to the order passed by this Court on 20th February, 2022, learned counsel for the Petitioner has placed on record copies of the notifications dated 24th March, 1998 and the subsequent notification dated 24th June, 1988 by the Consolidation Branch of the Board of Revenue, Odisha. The last mentioned notification clearly states that although the power of the Tahasildar to start suo motu cases for settlement of land was withdrawn by the Government by letter dated 24th February 1988, it has been clarified by the Land Reforms Branch that the suo motu cases pending and the Bebandobasta Khatas should be treated as pending cases and action should be taken to settle such pending cases by the fix time by the end of July, 1988.

2. In the present case, the order dated 12th December, 1990 passed by the Tahasildar in O.E.A. Case No.21 of 1988 was dropped by the Tahasildar on the ground that suo motu powers had been taken

away by the first mentioned notification dated 24th March, 1988. In view of the subsequent clarification issued on 24th June 1988 the impugned order dated 12th December, 1990 of the Tahasildar is set aside and OEA Case No.21 of 1988 is restored to the file of the Tahasildar, Kishorenagar for a fresh decision in accordance with law.

3. The matter will now be listed before the Tahasidlar, Kishorenagar on 4th May, 2022 for directions.

4. The writ petition is disposed of in the above terms.

5. An urgent certified copy of this order be issued as per rules. A downloaded copy of this order be produced by the Petitioner on that date before the Tahasildar.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.