High CourtsDivision Bench

Padma Nayak vs State Of Odisha & Others

Orissa High Court · Decided on 26 October 2022 · Citation: (2022) 10 OHC CK 0133

HON’BLE JUDGES
Arindam Sinha, J · Sanjay Kumar Mishra, J
CASE NUMBER
Writ Petition (C) No. 26920 Of 2022

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Judgment

6 paragraphs · 213 words
1.

Mr. D.K. Mohapatra, learned advocate appears on behalf of petitioner and submits, his client’s father constructed thatched house on Government land and after him, she has been residing therein. The construction was made in year 1965. The land is situated within territorial jurisdiction of Bhubaneswar town. Revenue along with penalty were collected in respect of the land since year 1985. He submits, impugned is, inter alia, order dated 12th January, 2018 made by the Director of Estates and Ex-Officio Addl. Secretary to Government, rejecting his client’s application for settlement of land in her favour. Purported ground alleged is absence of provision under the Land Grant Policy, 2015, to settle Government land in name of private individual.

2.

He  relies  on  section  3(1)(e),  (2)  and  (3)  in  Odisha Government Land Settlement Act, 1962 to submit, settlement can be made. There be direction upon the authority to do so.

3.

Mr. Pattnaik, learned advocate, Additional Standing Counsel appears on behalf of State.

4.

State is required to inform Court by issuing instruction or by filing affidavit as to whether land in Bhubaneswar town has been settled upon private persons pursuant to authorization under section 3(1)(e). The affidavit will be accepted on returnable date upon advance copy served.

5.

List on 9th November, 2022

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