Prasanta Kumar Samal vs State Of Odisha & Others

R.K. Pattanaik, J

Heard learned counsel for the petitioner and Mr. Patra, learned ASC for the State-opposite parties.

Instant writ petition is filed by the petitioner for a direction to the opposite parties and in particular, opposite party No.3 to settle the schedule land in respect of Hal Plot No. 2194 measuring an area of Ac.0.320 decimals situate under Hal Khata No. 982 in the concerned Mouza of Tahasil- Bari in the in the district of Jajpur in his favour by considering the representation under Annexure-4.

Learned counsel for the petitioner submits that the petitioner is in possession of the land in question for many years and for such possession, it may be settled with him and claims such settlement through the representation under Annexure-4 which is pending decision of the Tahasildar, Bari-opposite party No.3 and hence, therefore, direction is required to be issued in that regard.

Mr. Patra, learned ASC for the State-opposite parties, considering the limited prayer of the petitioner, submits that necessary direction may perhaps be issued to opposite party No.3 for a decision on Annexure-2.

Without expressing anything on the merits of the case, the Court is of the considered view that the petitioner, who is said to have submitted the representation i.e. Annexure-4 and pending before opposite party No.3 for a decision, it should be examined according to law with their grievance as to the settlement of the schedule land according to the provisions of the OPLE Act, which would rather serve the purpose for the present.

Accordingly, it is ordered.

In the result, the writ petition stands disposed of with a direction to opposite party No.3 to consider and examine Annexure-4 received from the petitioner and thereafter to pass necessary order as per and in accordance with law after providing an opportunity of hearing to him and to dispose of the matter and to complete the entire exercise at the earliest preferably within a period of four weeks from the date of receipt of a copy of this order and till such time, to maintain status quo vis-à-vis the schedule land.

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

..………………………………..