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Orissa High CourtWP(C)/24163/2021disposed off

Chaitanya Prasad Marandi v. State Of Odisha

2022-01-03Mr. Justice Biswajit Mohanty,Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.24163 of 2021 Chaitanya Prasad Marandi ....

Petitioner Mr. A.K. Nayak, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. A.R. Dash, Additional Government Advocate

CORAM:

JUSTICE BISWAJIT MOHANTY JUSTICE K.R. MOHAPATRA Order No.

ORDER

03.01.2022 01.

1.

This matter is taken up through video conferencing mode. Prasant 2.

Heard Mr. A.K. Nayak, learned counsel for the petitioner and Mr. A.R. Dash, learned Additional Government Advocate. 3.

According to Mr. Nayak, the petitioner is aggrieved by the non-settlement of a piece of land in mouza Kalabadia under Bangiriposi tahasil in the district of Mayurbhanj in his favour though he is eligible for such settlement under the quota earmarked for Ex-Servicemen. He further submits that the petitioner is an Ex-serviceman and though vide Annexure-2 he has approached the Tahasildar, Bangiriposi (opposite party No.3) by filing a representation for settlement of land however, till date nothing has been done in the matter. 4.

Mr. Dash referring to Form-I appended to Odisha Government Land Settlement Rules, 1983 submits that for considering his case, the petitioner has to apply in the said form, which deals with application for settlement of land. 5.

In such background, Mr. Nayak submits that liberty may

// 2 // be granted to the petitioner to file an appropriate application before the Tahasildar, Banigriposi (opposite party No.3) under the Odisha Government Land Settlement Rules, 1983 and the said opposite party be directed to take a decision on such application within a specific time period.

6.

Considering the submissions made and without expressing any opinion on the merits of the case, this Court grants liberty to the petitioner to file an application in appropriate form as required under law within a period of two weeks from today. In the event, such an application is filed before opposite party No.3, he/she is directed to take a decision on the same in accordance with law within a period of six months from the date of receipt of such application and communicate the result of such exercise to the petitioner. 7.

Accordingly, this writ petition is disposed of. 8.

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

(Biswajit Mohanty) Judge ( K.R. Mohapatra) Judge