PADMA NAYAK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The writ petition was moved on 26/10/2022. Mr. Mohapatra, learned advocate appearing on behalf of petitioner had submitted, his client's father constructed thatched house on Government land and after him, she has been residing therein. The construction was made in year 1965. The land is situated within territorial limits of Bhubaneswar town. Revenue along with penalty were collected in respect of the land since year 1985. He submits, impugned is, inter alia, order dtd. 12/1/2018 made by the Director of Estates and Ex-Officio Addl. Secretary to Government, rejecting his client's representation for settlement of land in her favour. Purported ground alleged is absence of provision under the Land Grant Policy, 2015, to settle Government land in name of private individual.

(2.) He relies on Sec. 3(1)(e), (2) and (3) in Odisha Government Land Settlement Act, 1962 to submit, settlement can be made. There be direction upon the authority to do so.

(3.) Several documents have been impugned by petitioner, including above mentioned order dtd. 12/1/2018. It transpires that thereby petitioner is faced with eviction to be implemented by Bhubaneswar Development Authority (BDA). Opposite party no.4 is BDA but has not been noticed. We find, it is not necessary for it to be noticed in adjudication and disposal of the writ petition. This is because, of the documents impugned, order dtd. 12/1/2018 is the one, regarding which submissions were made and challenge thereto, relevant for purpose of petitioner. Said order was passed by Director of Estates and Ex-officio Additional Secretary to Government, a functionary of State.