LAWS(ORI)-2012-11-36

NIRMAL CHANDRA JENA Vs. STATE OF ORISSA

Decided On November 22, 2012
Nirmal Chandra Jena and Another Appellant
V/S
State of Orissa and Others Respondents

JUDGEMENT

(1.) The petitioners, who are the declarant/owners under the repealing Urban Land (Ceiling and Regulation) Act, 1976, in this writ petition have sought to quash the letter of the competent authority dated 6.6.2002 addressed to the District Sub-Registrar, Cuttack under Annexure-5 instructing him to prevent transfer of Government land by the ceiling surplus land holders by way of registered deed without permission of the Government urging various facts and legal contentions. Further, the petitioners have prayed to restore their rights as available to them over the properties in question. Bereft of unnecessary details, the short facts, which are necessary for effectual adjudication of the case are that:

(2.) The case of the petitioners is that though a gazette notification under Section 10(3) of the Principal Act was published in respect of the alleged excess vacant and as per the schedule given in the ULC Case Nos. 477, 478 and 479 of 1976 and the lands are deemed to have been vested absolutely in the State Government free from all encumbrances, no action under Sections 10(5) or 10(6) of the Principal Act had been taken and the petitioners have been in peaceful possession and enjoyment of the same.

(3.) While the matter stood thus, opposite party No. 3 wrote a letter on 31.5.2002 (Annexure-5) to opposite party No. 5 assuming the status of the lands of the petitioners as one under Sections 10(5) and 10(6) of the Principal Act calling upon the opposite party No. 5 to prevent transfer of the Government lands by the ceiling surplus land holders. Thereafter the said opposite party No. 3 by letter dated 21.6.2004 (Annexure-5/a) sent the sketch map showing the details of the lands surrendered to the Government Challenging the said letters under Annexures-5 & 5(a), the petitioners have preferred this writ petition.