ABHIRAM BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE present writ application styled as Public Interest Litigation has been filed by some of the villagers of Bhairpur of Cuttack district challenging the order of the authorities under Annexures -3 and 4, whereby the lands classified as Gochar in village Bhairpur in Khata No. 657 (Rakhit) corresponding to Plot No. 752 (part) measuring upto Ac.0.072 decimals have been de -reserved. According to them, such de -reservation of Gochar land is bad in law as the same violates the provisions of the Orissa Government Land Settlement Act, 1962 (for short the "Act") and the Orissa Government Land Settlement Rules, 1983 (for short the "Rules"). Briefly the case of the petitioners is that opposite party No. 5 approached the authorities for settlement of land in village Bhairpur in Khata No. 657 (Rakhit) corresponding to Plot No. 752 (part) measuring upto Ac.0.072 decimals for using the same as passage to their retail outlet. On receipt of such application under Annexure -1, opposite party No. 4 directed for issuance of general proclamation inviting objections. As no objections were received within the statutory period of 30 days, the opposite party No. 4 recommended for settlement of the above land in favour of the opposite party No. 5. While doing so, opposite party No. 4 relied on his field verification report. In the field verification report it was indicated that the land had lost its Gochar character. On receipt of the recommendation of opposite party No. 4, opposite party No. 3 vide order dated 11.10.2010 under Annexure -3 sanctioned de -reservation of Gochar land for the purpose of utilizing the land as passage to the retail outlet proposed to be constructed in village Bhairpur. Pursuant to such order of opposite party No. 3, sanction order under Annexure -4 was issued. According to the petitioners, villagers of Bhairpur had no knowledge about such proceedings. It is only when opposite party No. 5 started filling sand in the de -reserved land, the petitioners came to know about the de -reservation and immediately they approached all the official opposite parties by way of representations dated 12.8.2012 and when nothing was done they filed this writ application challenging orders under Annexures -3 & 4 on the ground that there had been violation of Section -3 of the Act and various provisions of the Rules. According to them, the entire process of de -reservation has been vitiated as no notices were issued prior to such de -reservation.

(2.) LEARNED counsel for opposite party Nos. 3 and 4 filed one counter affidavit dated 20.2.2013 and an affidavit dated 30.4.2014. In the said counter affidavit and later affidavit, they have made it clear that the order under Annexures -2, 3 and 4 have been passed in accordance with the relevant provisions of the Act and Rules and hence no illegality has been committed by opposite party Nos. 3 and 4 in de -reserving plot No. 752 (part) measuring an area Ac.0.072 decimals under Khata No. 657 belonging to village Bhairpur. Learned Addl. Government Advocate also produced the relevant case record in order to support the contention made by opposite party Nos. 3 and 4 in their counter affidavit and affidavit dated 30.4.2014.

(3.) HEARD Mr. B.P. Das, learned counsel for the petitioners and Mr. B.P. Pradhan, learned Additional Government Advocate, Mr. Debraj Mohanty, learned counsel for opposite party No. 5 and Mr. B.S. Tripathy, learned counsel for opposite party No. 6 respectively.