Niranjan Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.31240 OF 2021 Niranjan Pradhan .........

Petitioner Mr. Pronoy Mohanty, Advocate -versusState of Odisha & Ors.

.........

Opposite Parties Mr. S.S. Kanungo, AGA

CORAM:

JUSTICE C.R. DASH JUSTICE SAVITRI RATHO

ORDER

19.01.2022 Order No.

01.

1.

This matter is taken up through Virtual Mode. 2.

Heard learned counsel for the parties.

3.

The petitioner, proposing to establish a Herbal Processing Unit, applied for lease of some government land in his favour under the Provisions of Orissa Government Land Settlement Act and Rules framed thereunder.

4.

Initially, the Collector, Balasore proposed to grant lease of the land for 99 years. Subsequently, a letter was written to the Government vide Annexure-9 by the Collector, Balasore to take a decision as to whether the period of lease can be shortened in view of the nature of the project to be established. Said letter of the Collector, vide Annexure-9, written to the appropriate

Government. i.e., the Secretary to Government, Revenue & Disaster Management Department is pending since 2006 and no decision has yet been taken, as to whether the lease period of the land should be revised to 10 years, 20 years or more. If a decision by the appropriate Government is taken on Annexure-9, the grievance of the petitioner can be redressed by the Collector, Balasore, since the petitioner has already deposited the requisite money.

5.

Regard being had to the facts and submissions and the nature of relief sought for, the writ petition is disposed of directing the Secretary to Government, Revenue & Disaster Management Department (Opposite Party No.1) to take a decision on Annexure-9 within a period of three months from the date of receipt of a certified copy of this order. The Collector, Balasore (Opposite Party No.2) is directed to process the matter within two months from the date of receipt of the order of the Government in response to Annexure-9.

6.

The petitioner is directed to supply a copy of the writ petition containing all the annexures along with certified copy of this order to Opposite Party No.1 for convenience and reference to Annexure-9.

7.

Till disposal of the matter, parties are directed to maintain status quo as on date over the land in question.

8.

The writ petition is accordingly disposed of. 9.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos. 514 and 515 dated 7th January,2022. ( C.R. Dash ) Judge ( Savitri Ratho ) Balaram Judge