Ramina Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No. 13742 of 2022 Ramina Pradhan ....

Petitioner Mr. G.R. Pattnaik, Advocate - Versus - State of Odisha 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;

"It is therefore prayed that this Hon'ble Court may graciously be pleased to admit this Writ Application, and an order may be passed directing the Tahasildar, G.Udaygiri to take immediate step to settle the Plot No. 223, Ac0.240 dec,. out of Ac2.520 dec. of Khata No. 149 (Anabadi) under Mouza- Kupaguda, P.S. G. Udayagiri , P.S. No. 290, Dist. Kandhamal in favour of the petitioner as per the provisions laid down U/s 8(A) of the O.P.L.E. Act. 1972 basing on the continuous possession since the year 1975.

And/or any other order(s)/ direction(s) as your Lordship deem fit and proper."

4.

It is submitted that the proceeding is pending before the Additional Tahasildar, G. Udayagiri and that despite oral prayer no enquiry has been conducted to consider the question of settlement of the land in favour of the petitioner.

5.

Learned State Counsel submits that there is no proof of any such application having been made before the authority. 6.

Considering the submissions as above and taking into account the fact that the proceeding is still pending, it shall be open to the petitioner to file appropriate application for settlement of the land in question in his favour. In the event such an application is filed, the same shall be considered and disposed of in accordance with law. The petitioner shall file such application within a period of two weeks from today and the same shall be disposed of as expeditiously as possible in accordance with law. Till such time, no coercive action shall be taken against the petitioner.

7.

Issue urgent certified copy as per rules.

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