Manjulata Behera @ Manjulata Behura v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.2252 OF 2020 Manjulata Behera @ Manjulata Behura and others ....

Petitioners Miss Deepali Mahapatra, Advocate being authorized by Mr. Bikash Jena, Advocate -versus- State of Odisha and others ....

Opp. Parties Mr. D.K. Pani, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

03.03.2022 4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition pray for a direction to the Tahasildar, Sadar, Cuttack-Opposite Party No.3 to take a decision in Jalasaya Misc. Case No.19 of 2017 at an early date. 3.

Jalasaya Misc. Case No. 19 of 2017 was filed by the Petitioners for conversion of Jalasaya kissam of land to Gharabari. 4.

Considering the submission made by learned counsel for the Petitioners, this Court vide order dated 12th February, 2020 directed learned State Counsel to take instruction in the matter. 5.

An affidavit has already been filed by the Under Secretary to Revenue Divisional Commissioner, Central Division, Cuttack on 18th February, 2020 stating that Jalasaya Misc. Case No. 19 of 2017 being filed for conversion of Jalasaya kissam of land to Gharabari, the Tahasildar, Sadar, Cuttack submitted necessary proposal to the Jalasaya Committee headed by the Revenue

// 2 // Divisional Commissioner, Central Division, Cuttack to take a decision. On consideration of the proposal submitted by the Tahasildar, Sadar, Cuttack, the Committee has already taken a decision on 5th February, 2020.

6.

Miss Mahapatra, learned counsel for the Petitioners, on instruction, submits that although the Jalasaya Committee has taken a decision in favour of the Petitioners, but the Tahasildar, Sadar, Cuttack has not taken follow up action for conversion of the land to Gharabari due to pendency of the writ petition. 7.

Mr. Pani, learned Additional Standing Counsel does not dispute the submission made by learned counsel for the Petitioners.

8.

In that view of the matter, this Court disposes of this writ petition with a direction to the Tahasildar, Sadar, CuttackOpposite Party No.3 to take follow up action in Jalasaya Misc. Case No. 19 of 2017 in consonance with the decision taken by the Committee within a period of two months from the date of production of certified copy of this order.

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

(K.R. Mohapatra) Judge bks/ms