Gyanaranjan Mahanta vs State Of Odisha And Others

R.K. Pattanaik, J

Heard Mr. Samantaray, learned counsel for the petitioner and Ms. Mishra, learned ASC for the State opposite parties.

Instant writ petition is filed by the petitioner for a direction to the opposite parties to settle the schedule land in his favour with respect to Plot No,2959 (Part), Khata No.347 situate in Mouza-Bhagamunda, PS-Harichandanpur in the district of Keonjhar on the grounds stated therein.

Learned counsel for the petitioner submits that the petitioner is in possession of the schedule land for more than 30 years and hence, he is eligible and entitled for settlement under Section 8-A of the OPLE Act but then he has been threatened by the opposite parties and particularly, opposite party No.3, who is forcibly trying to construct a boundary wall over the same.

Ms. Mishra, learned ASC for the State opposite parties on the other hand submits that the settlement is claimed over a Govt. plot in respect of which construction by opposite party No.3 is taking place with a direction to the petitioner to vacate it.

From Annexure-3 series, the Court finds that in the meantime, notice in Form ‘Ga’ stands issued to the petitioner. Mr. Samantaray, learned counsel for the petitioner submits that since the possession to be more than 30 years, so therefore, the petitioner is entitled for settlement of the schedule land under Section 8-A of the OPLE Act and in that regard, an application under Annexure-5 to have been submitted recently.

Having regard to the above facts and claim that such possession is ever since 1970, the Court, without expressing anything with regard to the merits of the alleged claim, is of the view that Annexure-5 should be considered as a show cause for a decision by opposite party No.3 in accordance with law which would rather serve the purpose and advance the cause of justice.

Accordingly, it is ordered.

In the result, the writ petition stands disposed of with a direction to opposite party No.3 to accept Annexure-5 and to treat the same as a show cause in connection with the proceeding in E.C. No.473 of 2019-20 and after providing him an opportunity of hearing, to dispose of the matter considering the plea of settlement under Section 8-A of the OPLE Act and till such time, a decision is rendered which shall be within three weeks from the date of receipt of a copy of this order to be served in three days’ time from 16th October, 2023, there shall be status quo maintained in respect thereof.

Urgent certified copy of this order be granted as per rules.

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