Satyabrata Maity v. The Tahasildar, Mahakalapada

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 11352 OF 2022 Satyabrata Maity Petitioner Mr. Prafulla Kumar Kar, Advocate -versusThe Tahasildar, Mahakalapada ....

Opp. Party Mr. Sarojananda Mishra, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

19.05.2022 01.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition prays for a direction to supply certified copy of R.O.R.No.68/38 of mouza Kharinasi under Mahakalapada Tahasil in the district of Kendrapara and also certified copy of the order dated 2nd December, 1969 in Rent Settlement Misc. Case No.56 of 1969 passed by the Tahasildar, Mahakalapada.

3.

Mr. Kar, learned counsel for the Petitioner submits that although the Petitioner has applied for certified copy of the aforesaid documents by filing application in proper format along with requisite fees and folios, the same is not being accepted by the Tahasildar, Mahakalapada. Hence, he sent the said applications through registered post, which have been received by the Tahasildar, Mahakalapada since long. In spite of the same, the Tahasildar, Mahakalapada is not taking any decision on such copy application for which this writ petition has been filed. 4.

Mr. Mishra, learned Additional Government Advocate submits that he has no instruction in the matter. The copy application annexed to the writ petition does not disclose that the

// 2 // same is received by the Tahasildar, Mahakalapada. He, however, submits that, if the Petitioner makes a fresh application for supply of certified copy of the aforesaid documents, a direction may be made to the Tahasildar, Mahakalapada to consider the same in accordance with law.

5.

Taking into consideration the submissions made by learned counsel for the parties, this Court disposes of this writ petition with a direction that in the event the Petitioner makes a fresh application for supply of certified copy of the aforesaid documents in proper format affixing requisite fee and necessary folios along with certified copy of this order within a period of three weeks hence, the Tahasildar, Mahakalapada shall do well to supply certified copy of the aforesaid documents as expeditiously as possible preferably within a period of four weeks therefrom. If, for any reason, the Tahasildar, Mahakalapda is of the opinion that certified copy as applied for cannot be granted in favour of the Petitioner, reason thereof shall be communicated to the Petitioner within the aforesaid period.

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

(K.R. Mohapatra) Judge ms