PRAVATI SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Petitioner says, her title traces back to original allottee in respect of 5 acres of land. After 32 years of the grant by order dtd. 28/8/1971, original allottee sold and transferred 67 decimals of the land in favour of one Calvin Eric Francis, by deed dtd. 14/11/2003. Said transferee then transferred to petitioner by deed dtd. 1/2/2016. Yadast was prepared in name of Calvin Eric Francis and separate plot number allotted. Petitioner on having filed Rent Case no.5934 of 2013, there was order for the plot to be recorded in name of General Administration (GA) Department. Petitioner alleges, no opportunity of hearing was given to her.

(2.) Petitioner has pleaded that the grant was made under Government Grants Act, 1895. In respect of such grant, provision in Sec. 3-B of Odisha Government Land Settlement Act, 1962 is not applicable. Against the direction made for recording the land in name of GA Department, petitioner preferred appeal before the Settlement Officer. By impugned order dtd. 21/3/2020, the appeal was disposed of on erroneous finding that order of the Tahsildar in Waste Land Case no.790 of 1970 had not yet been inquired into by a senior officer in rank of Secretary, for implementing the order of this Court in OJC no.9449 of 1993.

(3.) Mr. Routray, learned advocate had moved the petition and thereafter obtained leave to file additional affidavit. He had submitted, the order made in the rent case, in which it was held as thought proper not to record Government land in favour of private individual, needed to be seen. Affidavit dtd. 21/3/2023 was filed by petitioner, disclosing the order. Against said order his client had preferred appeal, disposed of by impugned order.