Badal Chandra Datta v. Collector Cum Dm, Keonjhar

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 13720 of 2022 Badal Chandra Dutta ....

Petitioner Mr. L. Bhuyan, Advocate - Versus - Collector-cum-District Magistrate, Keonjhar and others ....

Opposite Parties Mr. R.P. Mohapatra, Addl. Government Advocate

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

13.06.2022 Order No.

1.

This matter is taken up through hybrid mode.

1.

2.

Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.

3.

The petitioner has filed this writ petition with the following prayer;

"The petitioner therefore prays that Your Lordship's may graciously be pleased to admit the writ application issue notice to the Opp.Parties and after hearing the parties be pleased to settle them at there or may be allotted somewhere else.

And pass any other order(s), direction (s) as this Hon'ble Court may deem fit and proper."

4.

It is submitted by learned counsel for the petitioner that the proceeding was disposed of by the Tahasildar, Keonjhar without causing any enquiry as regards the eligibility of the petitioner for settlement of the land in question in his favour. 5.

Learned State Counsel submits that since the proceeding is no longer pending, no enquiry under Section 8-A of the O.P.L.E. Act, 1972 can be considered. It is further submitted

that no such proceeding is presently pending before the authority.

6.

It is however observed that a representation is pending before the Tahasildar, Keonjhar, which is enclosed as Annexure-3 to the writ petition.

7.

Considering the submissions and taking into account the fact that a representation is pending before the Tahasildar, Keonjhar, the writ petition is disposed of with a direction to the Tahasildar, Keonjhar (opposite party no.3) to dispose of the said representation in accordance with law within a period of two weeks on production of certified copy of this order. Till such time, no coercive action shall be taken against the petitioner.

8.

Issue urgent certified copy as per rules.

(Sashikanta Mishra, J) Vacation Judge A.K. Rana