Prasanta Kumar Sahoo v. Tahasildar, Sadar, Cuttack

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 37843 OF 2021 Prasanta Kumar Sahoo and another Petitioners Mr. Dwarika Prasad Mohanty, Advocate -versusTahasildar, Sadar, Cuttack and another ....

Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

04.05.2022 4.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition pray for a direction to the Tahasildar, Sadar, Cuttack-Opposite Party No.1 and Record Keeper-Opposite Party No.2 to issue R.O.R. in respect of Hal Plot No.225/1121 to an extent of Ac.0.297 decimals and Hal Plot No.845/1122 to an extent of Ac.0.334 decimals under Hal Khata No.692 situated in mouza Unit No.28 under Cuttack Sadar Tahasil in the district of Cuttack in their favour pursuant to the order dated 4th March, 2021 passed by the Additional Tahasildar, Sadar, Cuttack in Misc. Case No. 38 of 2020 and the order dated 4th March, 2020 passed by the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack in R.P. Case No.587 of 2015. 3.

Mr. Mohanty, learned counsel for the Petitioners submits that pursuant to the direction of the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack in R.P. Case No.587 of 2015, the Additional Tahasildar, Sadar, Cuttack by his order dated 4th March, 2021 in Misc. Case No.38 of 2020 directed

// 2 // to record the land in the name of the Petitioners and issue R.O.R. in their favour, but no R.O.R. has yet been issued in favour of the Petitioners. Hence, this writ petition has been filed. 4.

Mr. Mishra, learned Additional Government Advocate, on instruction, submits that the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack while disposing of R.P. Case No.587 of 2015 passed the following order:

"xxx xxx xxx Considering the claim of the Petitioners the revision is allowed and the Tahasildar, Cuttack Sadar is directed to correct the Hal Settlement ROR and Record the purchased case land i.e. area Ac.0.631 dec. in favour of the petitioners in a separate khata and plot, after carving out the Hal Plot No.225/1121 and Hal Plot No.845/1122 from the impugned Hal Khata No.692 in accordance with the above observation, after making due field enquiry, ascertaining the physical possession, verifying the Hal-Sabik Co-Relation and the original relevant documents with the following due procedure" But, no enquiry whatsoever was conducted by the Additional Tahasildar, Sadar, Cuttack pursuant to the direction made in R.P Case No. 587 of 2015, which is apparent from the order dated 4th March, 2021 passed in Misc. Case No.38 of 2020.

It is submitted that the land is lying vacant and no one is in possession over the same. It is further submitted that Misc. Case No. 4 of 2022 has been filed before the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack for clarification/modification of the order dated 19th March, 2020 by which R.P. Case No. 587 of 2015 was disposed of. The said Misc. Case is still pending for consideration.

// 3 // irregularities, it has not yet been given effect to awaiting orders in Misc. Case No.4 of 2022.

5.

Taking into consideration the submissions of the learned counsel for the parties, this Court is of the considered opinion that an early decision should be taken in Misc. Case No.4 of 2022. 6.

Accordingly, it is directed that the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack shall take a decision in Misc. Case No.4 of 2022 in accordance with law as expeditiously as possible preferably within a period of four months from the date of production of certified copy of this order. In order to avoid further delay in the matter, parties are directed to appear before the Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack on 16th May, 2022 along with certified copy of this order to receive further instruction in the matter.

7.

This writ petition is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge