Jyoti Ranjan Panda v. Nibedita Panda

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5221 of 2023 Jashabanta Das @ Jashabant Bhoi ....

Petitioner Mr. A. Tripathy, Advocate -VersusState of Orissa and Others ....

Opposite Parties Mr. P.K. Rout, AGA

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

13.03.2023 Order No.

02.

1.

Heard learned counsel for the parties.

2.

Instant writ petition is filed by the petitioner with a direction to the opposite party Nos.2 and 3 to consider Annexure-5 and an application filed under Section 11(1)(A) of the Schedule Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 within the stipulated time.

3.

Mr. Tripathy, learned counsel for the petitioner submits that the petitioner and his family is in possession of the land since 1962 and since possession is from the time of his forefather, it should be settled with him under the OPLE Act, however, notice under Annexure-4 has been issued. It is further submitted that an application for settlement of the land under the provisions of the OPLE Act is pending consideration before the Collector, Khurda.

4.

In response to the above, Mr. Rout, learned AGA submits that he is to take instruction in the matter and the report back on the next date.

5.

List on 29th March, 2023 awaiting repose of the State. (R.K. Pattanaik) Judge Tudu