Sabita Hota v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 24966 OF 2021 Sabita Hota Petitioner Mr. Anjan Kumar Biswal, Advocate -versusState of Odisha and others ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

26.04.2022 10.

1.

This matter is taken up through hybrid mode.

2.

This writ petition has been filed for a direction to the Tahasildar, Sadar, Sambalpur for settlement of Hal Plot No.1594 under Khata No.878 situated in Mouza Gopalmal under Samabalpur Tahasil in the district of Sambalpur corresponding to Hamid Settlement Plot No.69 under Khata No.196 of the said Mouza in his favour on the ground that she being a land outstee of Hirakud Project is residing over the same by constructing a house thereon since the time of her father.

3.

This matter was listed on 31st March, 2022 on which date learned State Counsel, on instruction, submitted that if the Petitioner appears before the Tahasildar, Sadar, Sambalpur, he will make an endeavour for redressal of her grievances. Today, Mr. Mishra, learned Additional Standing Counsel produces a copy of the written instruction submitted by the Tahasildar, Sadar Sambalpur, the relevant portion of which reads as follows:

"The petitioner appeared and discussed the matter with the Tahasildar, Sadar, Sambalpur and offered her No Objection if she was allotted with a Government Land in the rural area preferably at Majhipali Mouza.

// 2 // During discussion the Tahasildar suggested to make fresh application under HLO Scheme with relevant document and land for homestead purpose will be allotted as per provision in the rural areas under this Tahasil.

The petitioner agrees with the proposal of the Tahasildar, Sadar, Sambalpur and agreed to accept the land in rural area with a request to impart preference in Mouza Majhipali as Hirakud Land Oustee.

Thus the matter is disposed of with an instruction to the petitioner to make fresh application in HLO Scheme before the undersigned with all relevant documents.

Supply a copy of extract of Order to the petitioner."

4.

Mr. Biswal, learned counsel for the Petitioner submits that the Petitioner pursuant to the written instruction submitted by the Tahasildar, Sadar, Sambalpur, as aforesaid, has already submitted an application for settlement of Government land at Majhipali under Hirakud Land Oustee (HLO) Scheme.

5.

In that view of the matter, this Court disposes of this writ petition directing the Tahasildar, Sadar, Sambalpur-Opposite Party No.3 to complete the exercise for allotment and settlement of land in favour of the Petitioner as expeditiously as possible preferably within a period of six months hence. The Petitioner is also directed to co-operate with the Tahasildar, Sadar, Sambalpur for early completion of exercise, as aforesaid.

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

(K.R. Mohapatra) ms Judge