Niladri Bihari Nitailal Mohanty v. The Tahasildar, Jajpur

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) NO.10109 OF 2022 Niladri Bihari Nitailal Mohanty & anr.

....

Petitioners Mr.S.K.Sahoo, Adv.

-versusThe Tahasildar, Jajpur ....

Opposite Party(s) Mr.U.K.Sahoo, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

8.7.2022 03.

1.

Heard learned counsel for the Parties.

Order No.

2.

Even though a request is made for directing the Tahasildar, Jajpur, O.P. to pass appropriate order on Annexure-2 involving permission for sale of a portion of Chaka land to the outsider, this Court on perusal of the pleadings and the disclosures through such application finds, for the clear provision at Section 34(3) of the OCH & PFL Act, there should be clear disclosure in such application that the land sought to be sold has been offered to the contiguous owner of the land involved and there is necessity to sell such land to the person outside.

// 2 // 3.

In the circumstance, this Court finds, there is difficulty in entertaining such Writ Petition. The Petitioner, if so advised, may file an application with clear disclosures.

4.

With the above observation, the Writ Petition stands disposed of.

(Biswanath Rath) Judge M.K.Rout