Md.Shakeel v. The Collector And Dm, Ctc
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 35964 of 2021 Md. Shakeel ....
Petitioner Mr. Kedarnath Parida, Advocate -versusThe Collector & DM, Cuttack and others ....
Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
05.01.2022 2.
1.
This matter is taken up through hybrid mode.
2.
This writ petition has been filed assailing the inaction of the Tahasildar, Sadar, Cuttack in supplying the certified copies of the R.O.Rs. in respect of Settlement Khata Nos.44/16, 44/14, 44/17 and 1344/17.
3.
The matter was listed on 15th December, 2021 on which date learned State Counsel sought for an adjournment to take instruction in the matter. Mr.Mishra, learned Additional Standing Counsel placed on record, a written instruction supplied by the Tahasildar, Sadar, Cuttack, relevant portion of which is as follows:- "That, as averred in Para-6 of the writ petition that the certified copies are not supplied to the Petitioner is false. On verification of the Certified Application Register of Tahasil Office, it is found that there is no such receipt of certified application by the name of the petitioner. It is a fact that the petitioner has deposited the fees towards certified application, but on verification of the Certified Application Register, the name of the petitioner is not found. It seems that the petitioner might not have been applied for the certified copy after deposit of the fees.
That, the Mouza-Brahamannagaon is not under Cuttack Sadar Tahasil jurisdiction. Hence, the certified copies of the above said khatas are not available at out end.
// 2 // This is for favour of kind information and kind appraisal of the Hon'ble Court."
It is his submission that the land in question comes under the jurisdiction of Baranga Tahasil. Mr.Parida, learned counsel for the Petitioner, therefore, submits that interest of justice will be best served if the Petitioner makes a fresh application for supply of certified copies of the aforesaid R.O.Rs. before Tahasildar, Baranga. 4.
In that view of the matter, this writ petition is disposed of with a direction that in the event the Petitioner submits a fresh application for supply of certified copies of the aforesaid R.O.Rs. before the Tahasildar, Baranga within a period of two weeks hence along with certified copy of this order, the Tahasildar, Baraga shall make an endeavour for supply of such certified copies as expeditiously as possible preferably within a period of four weeks from the date of filing of such application, subject to removal of the deficiencies, if any, for supply of certified copies of the aforesaid R.O.R. If for any reason, the Tahasildar, Baranga is of the opinion that certified copies of the R.O.Rs., as aforesaid, cannot be supplied in favour of the Petitioner, reason thereof shall be communicated to the Petitioner within the aforesaid period.
5.
A free copy of this order be handed over to Mr. Mishra, learned Additional Standing Counsel for the State for communication.
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge jm