JANMAN BEHERA Vs. CHIEF DISTRICT VETERINARY OFFICER

JUDGEMENT

(1.) IN W.P.(C) No. 14019 of 2012 petitioners have prayed to quash the order dated 1.6.2012 passed by the Revenue Divisional Commissioner, Central Division, Odisha, Cuttack in R.P. Case No. 143 of 2009 under Annexure -15.

(2.) THE facts as narrated in the writ petitions are as follows; The petitioners being the ex -jawans were eligible to get agricultural land pursuant to Notification dated 16.4.1998 issued by the Revenue Department, Government of Odisha. The said notification stipulates that the Tahasildar can grant one standard acre of agricultural land to the ex -jawan under the Government Grants Act, 1896. The Rajya Sainik Board issued bonafide certificate in favour of the petitioners and also recommended their case to get land as per the notification. Taking into consideration the applications filed by the petitioners, the opposite party No.4 - Tahasildar, Baripada has allotted the land at village Tadkisole from part of the Plot No. 338 under Khata No. 68 an area Ac.4.30 decimals each in their favour and send the record to Sub -Collector, Baripada for approval. The Sub -Collector approved the said lease granted by the Tahasildar, Baripada as per Rule 5(6) of O.G.L.S. Rules, 1983, subject to the condition that the land so settled shall not be utilized for any other purpose except agriculture and the land cannot be transferred/alienated without prior permission of the competent authority, and returned the record to the Tahasildar, Baripada for taking follow up action by its order dated 30 th January, 2008 with a further condition that if any irregularities/deviation of any condition of this lease is noticed/comes to the notice of the Tahasildar, he can take steps for resumption of the land observing due procedure. After receiving the said order of the Sub -Collector, Baripada, the opposite party No.4 took up the follow up action mutating the land in the name of respective persons vide order dated 6.9.2008 and accordingly R.O.R. was corrected in their favour.

(3.) LEARNED counsel for the petitioners submitted that after allotment of the land, the petitioners have invested huge amount of money to develop the land. Opposite party No.1 has not taken any effective step to mutate the land in its favour after allotment of the land in its favour in the year 1950, therefore the lease granted by opposite party No.4 in favour of the petitioners herein shall be confirmed by setting aside the impugned orders passed by the appellate authority as well as the revisional authority in the O.G.L.S. Revision and the direction issued by the Revenue Divisional Commissioner, Central Division, Odisha, Cuttack in R.P. case for correction of the R.O.R. may be quashed.