SHANKAR SUBUDHI Vs. STATE

JUDGEMENT

(1.) THIS Writ Petition has been filed by the petitioner challenging the order dtd. 12.6.2006 passed by the Under Secretary to Government of Odisha in the Department of Home rejecting the application of the petitioner for allotment of five acres of cultivable land. On perusal of records, it appears that the petitioner after rendering service in forward areas and during Indo -China war, retired from service in the year 1967. He submitted an application on 09.12.1988 before the Government of Odisha for issuance of eligibility certificate for allotment of five acres of land. On receipt of such application, the Under Secretary to Government of Odisha in Home Department vide order dtd. 18.1.1989 called upon the petitioner to furnish the necessary documents for issuance of eligibility certificate for allotment of land. In pursuance of the said direction, the petitioner vide his letter dtd. 19.2.1969 submitted necessary documents. The Secretary, Rajya Sainik Board, Odisha vide letter dtd. 30.3.1989 under Annexure -7 moved the Under Secretary to Government of Odisha in Home Department for allotment of land in favour of the petitioner by furnishing the war service particulars with the recommendation that the petitioner is eligible for land concessions as per the existing rules of the State Government. Thereafter, Government of Odisha in Home Department vide letter dtd. 18.4.1989 called for a report from the Officer -in -Charge, Signal Records, Jabalpur as to whether the petitioner had ever proceeded to any forward areas during the period 26.10.1962 to 31.1.1964. The Record Officer for OIC Records vide letter dtd. 28.4.2003 intimated the Government that the petitioner had rendered service in field area (Shillong/Darjeeling) from 26.10.1960 to 17.12.1962. The Deputy Secretary to Government of Odisha in Home Department vide letter dtd. 24.4.2003 requested the Collector, Khurda to intimate whether any Government land has been allotted under Jawan quota in favour of the petitioner in the district of Khurda for his deputation to forward area during the National Emergency 1962 -1965. On receipt of the said letter, the Addl. District Magistrate, Khurda vide letter dtd. 04.9.203 intimated the Government that no Government land has been allotted in favour of the petitioner. The petitioner submitted several representations before the authorities for allotment of fives acres of cultivable land on concession. As no decision was taken by the Government, the petitioner filed a petition before the Governor, Odisha on 19.8.2005, which was forwarded to the office of the Principal Secretary, Home Department by the Under Secretary vide letter dtd. 01.9.2005. The Under Secretary to Government of Odisha in Home Department vide letter dtd. 12.6.2006 rejected the application of the petitioner for allotment of five acres of cultivable land without assigning any reason.

(2.) LEARNED counsel appearing for the petitioner submits that in pursuance of the Resolution dtd. 14.5.1963 issued by the Government of Odisha in the Department of Home, the petitioner being a retired defense person, who had rendered service during Indo -China war 1960 -62, is entitled to be allotted with Ac. 5.000 of land. He further submits that on the basis of Government resolution/decision several persons similarly placed like the petitioner have been issued with Eligible Certificate and allotted with land but the application of the petitioner has been rejected which is discriminatory.

(3.) A counter affidavit has been filed by opposite party no. 1 stating therein that the Resolution dtd. 14.5.1963 issued by the Government of Odisha in the Department of Home when unutilized Government waste land was available in plenty and it is no more available now due to rapid urbanization and requirement of development projects being under taken by the Government in public interest. It is stated that though the petitioner discharged from service on 06.2.1967 in order to avail landless certificate, he has sold entire landed property along with homestead land on 20.6.2002 and is now staying with his son at Bhubaneswar. The petitioner applied for eligibility certificate after 35 years from the date of his retirement which shows that he has no intention for cultivation but to grab Government land because of its high value in monetary terms. So far as the allegation of the petitioner that on the basis of Government resolution/decision several persons similarly placed like the petitioner have been issued with Eligible Certificate and allotted with land, it is stated that each application for concession of allotment of land in case of defense personnel was examined separately and individual decisions were taken by the State Government on the basis of existing law formulated for the purpose from time to time. Therefore, the allegation of the petitioner is not based on any fact. It is further stated that paragraph -3(d) of the Resolution of Home Department dtd. 07.7.1969 provides that a person shall be deemed to be landless if the total extent of land along with the land hold as a tenant or raiyat by all members of his family living with him in one mess is less than five acres, but the petitioner has not furnished his permanent address after selling out his homestead land and left his native place and has not shown the landed property of his family members, therefore, his application was rejected and he was not found eligible for availing the concession granted by State Government.