Kabiraj Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 17118 OF 2022 Kabiraj Majhi .....

Petitioner Mr. Niranjan Panda, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Suvashish Pattnaik, Additional Government Advocate

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

11.08.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order dated 29th March, 2022 passed by the Sub-Collector, Sonepur in Misc. Case No.29 of 2021 under Section 22 of the O.L.R. Act refusing to accord permission to alienate the property in Plot Nos.894/3309, 896/3310, 2537 and 2538/3311 to the extent of Ac.3.00 under Khata No.786/159 situated in mouza Sahala in the district of Sonepur (for short 'the case land').

3.

In course of hearing, Mr. Panda, learned counsel for the Petitioner submits that the Petitioner is a senior citizen and requires money for his medical treatment. Although the Petitioner submitted an application along with all the documents for according permission to alienate the case land, the SubCollector, Sonepur without considering the same from its proper perspective rejected the said application 4.

Considering the submission made and the fact that the order impugned herein is appealable under Section 58 of the

// 2 // O.L.R. Act, I am not inclined to entertain the writ petition at this stage.

5.

However, this writ petition is disposed of with an observation that the Petitioner, if so advised, may file an appeal under Section 58 of the O.L.R. Act assailing the order impugned herein within a period of three weeks hence along with certified copy of this order and in that event, the appellate authority shall do well to consider the same in accordance with law as expeditiously as possible preferably within a period of four months therefrom, giving opportunity of hearing to the parties concerned.

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

(K.R. Mohapatra) Judge bks