Bedamati Kanhar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 6084 OF 2022 Bedamati Kanhar ....
Petitioner Mr. Amitav Tripathy, Advocate -versusState of Odisha and others ....
Opp. Parties Mr. Dillip Kumar Mishra, Additional Government Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
28.03.2022
1. 1.
This matter is taken up through hybrid mode.
2.
The Petitioner in this writ petition prays for a direction to the Tahasildar, Tikabali to supply certified copies of sketch maps of all the plots surrounding Plot No.157 corresponding to Khata No.77 of mouza Budugudari under Tikabali Tahasil in the district of Kandhamal. 3.
It is submitted by Mr. Tripathy, learned counsel for the Petitioner that although the Petitioner has made applications to provide certified copies of sketch maps of all the plots surrounding Plot No.175 corresponding to Khata No. 77 of mouza Budugudari to defend her case before the O.S.D.(LR), Balliguda in Case No.10 of 2020 filed under Section 3(1) of the Orissa Schedule Areas Transfer of Immovable Property (By Schedule Tribe) Regulations, 1956, but the same is not being provided to her for which she is facing difficulties in prosecuting her case. It is his submission that applications for supply of certified copies of sketch maps are complete in all respect and there is no legal impediment to provide the same, but the Tahasildar, Tikabali is not taking any step to provide certified copies of sketch
// 2 // maps for which the Petitioner is seriously prejudiced. Hence, the Petitioner finding no other alternative has filed this writ petition seeking for the aforesaid relief.
4.
Mr. Mishra, learned Additional Government Advocate submits that sketch maps sought for by the Petitioner relates to the plots of different tenants, which does not include the plot of the Petitioner. Hence, applications of the Petitioner for supply of certified copies of sketch maps, as aforesaid, cannot be entertained by the Tahasildar, Tikabali.
5.
Taking into consideration the submissions made by learned counsel for the parties, this Court disposes of this writ petition with a direction that on production of certified copy of this order within a period of two weeks hence, the Tahasildar, Tikabali-Opposite Party No. 3 shall do well to consider the application of the Petitioner dated 25th February, 2022 under Annexure-4 for supply of certified copies of sketch maps surrounding Plot No. 157 corresponding to Khata No.77 of mouza Budugudari under Tikabali Tahasil in the district of Kandhamal and grant certified copies of the same within a period of four weeks therefrom subject to compliance of deficiencies, if any, in the copy application. If, for any reason, the Tahasildar, Tikabali is of the opinion that certified copies of sketch maps as sought for by the Petitioner cannot be granted in her favour, he shall communicate the reasons thereof to the Petitioner within the aforesaid period. Urgent certified copy of this order be granted on proper application.
A free copy of this order be supplied to Mr. Mishra, learned Additional Government Advocate for compliance. (K.R. Mohapatra) bks Judge