Ganesh Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 18707 of 2022 Ganesh Naik and another .....

Petitioners Mr. P.C. Dash, Advocate Vs.

State of Orissa and others .....

Opposite Parties Mr.A.K. Mishra, AGA

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

22.08.2022 Order No.

01.

This matter is taken up through hybrid mode.

2.

Heard Mr. P.C. Dash, learned Counsel for the Petitioners and Mr. A.K. Mishra, learned Additional Government Advocate for the State.

3.

The Petitioners have filed this Writ Petition seeking direction to the Opposite Parties for settlement of the case land in their favour since they are land less persons.

4.

Mr. A.K. Mishra, learned Additional Government Advocate raised preliminary objection with regard to maintainability of the Writ Petition at the instance of the Petitioners stating that the Petitioners have not made any application in the prescribed format as has been provided under the Act itself and merely filing representation and seeking for disposal of the same will not suffice the claim of the Petitioners.

5.

Having heard learned Counsel for the parties and after going through the record, since the Petitioners have not applied for settlement of the land in the prescribed format as provided under the

Act, the present Writ Petition is not maintainable and as such, this Court is not inclined to entertain the claim made in this Writ Petition and also not inclined to issue any direction for disposal of the representation. However, the Petitioner are at liberty to apply for settlement of the land in the prescribed format, if they are so advised.

6.

With the aforesaid liberty, the Writ Petition stands disposed of.

Arun (DR. B.R. SARANGI) JUDGE