INDIRA ENGLISH MEDIUM SCHOOL Vs. SUB-COLLECTOR, BHUBANESWAR

JUDGEMENT

(1.) THE petitioner Indira English Medium School, has filed this writ petition seeking to quash the order dated 29.5.2007 passed by the Tahasildar, Bhubaneswar in D.R.No. 48 of 2001 & Alienation Case No. 25 of 2001 under Annexure 12, whereby the proposal for allotment of Ac.2.00 of land in favour of the petitioner School has been dropped and also the consequential order of confirmation made by the Sub Collector, Bhubaneswar vide order dated 24.6.2011 passed in W.L.Appeal (OGLS) Case No. 27 of 2008 under Annexure 16 on the ground that the same are arbitrary and unreasonable.

(2.) THE factual matrix of the case, in hand, is that, Indira English Medium School, hereinafter to be referred as "petitioner School" is a Society registered under the Societies Registration Act, which started an English Medium Public School at A.G. Square, Bhubaneswar in the year 1990. In order to open a branch school at Patrapada, the petitioner School filed an application before the Tahasildar, Bhubaneswar for grant of lease of Ac.2.00 of land under the Orissa Government Land Settlement Act in respect of Khata No. no.779, plot no. 441(P) measuring Ac.2.00 in mouza Patrapada in the year 2001. On the basis of the said application, Alienation Case No. 25 of 2001 was initiated and since de reservation is required for granting lease, De reservation Case No. 48 of 2001 was started at the instance of the petitioner school for alienation of the same in its favour. It appears from the records that the Tahasildar, Bhubaneswar in D.R.Case No. 48 of 2001 and Alienation Case No. 25 of 2001 in Annexure 12 vide order dated 3.8.2001 directed the R.I. Patrapada to report after conducting in depth enquiry on the following points:

(3.) 5.2008 this Court directed that if the petitioner is so advised, he may file an appeal before the appropriate forum within one week along with an application for condonation of delay, which shall be considered liberally and if the appeal along with the application for condonation of delay is filed, then each of them be heard and disposed of in accordance with law and if he is so advised, the petitioner may apply the appellate court for interim protection and it is for the appellate court to consider the same strictly in accordance with law and further directed that the interim protection granted by this Court on 9.10.2007 in Misc. Case No.11552 of 2007 shall continue for a period of seven days. With the above direction, the said writ petition was disposed of vide order dated 14.5.2008. In compliance to the same, the petitioner filed OGLS Appeal No. 27 of 2008 before the Sub Collector, Bhubaneswar under the provisions of the O.G.L.S. Act. Learned appellate authority, namely, Sub Collector, Bhubaneswar vide order dated 24.6.2011 in Annexure 16 declined to interfere with the order of the Tahasildar taking into consideration the following facts: