Jarasabar Madhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.26167 OF 2022 Jarasabar Madhi ....

Petitioner(s) Mr.S.K.Pal,Adv.

-versusState of Orissa and others ....

Opposite Party(s) Mr.S.Mishra,ASC

CORAM:

JUSTICE BISWANATH RATH Order No.

ORDER

18.10.2022 02.

1.

Heard learned counsel for the Parties.

2.

Background involves herein appears to be the transfer of land between tribe person and the non-tribe person. There is disposal of Section 3(B) of Regulation 2 of 1956 proceeding based on an outcome in the above proceeding vide Annexure-1, Petitioner claims there has been restoration of possession in his favour. Pleading and submissions further reveals that the Petitioner came to possesses the land on the outcome in Section 3(B) proceeding, Petitioner approaches the Tahasildar, Malkangiri vide Annexure-4 series for correction of the mutation record. In the Writ Petition it is alleged in spite of long time passed in the meantime, the Tahasildar is not making any endeavor in the matter of correction of Record of Right involved herein. 4.

Considering the submission of learned counsel for the Petitioner, this Court in disposal of the Writ Petition as premature at this stage, however considering the request of the Petitioner, Annxure4 series is pending before the Tahasildar, Opposite Party No.3

// 2 // observes, in the event pendency of such application, the Tahasildar, Opposite Party No.3 to find out if there is no further development in the meantime and complete such exercise by taking up the request of the Petitioner under Annexure-4 series and finalize the same at least within a period of one and half months from the date of communication of this order by the Petitioner but however involving parties likely to be affected.

5.

With this observation the Writ Petition stands disposed of. (Biswanath Rath) Judge Swarna