ANJALI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Order dated 25.10.2013 passed by the Tahasildar, Tihidi in O.L.R. Case No. 168 of 2012 imposing the restriction contained in Section 34 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short 'O.C.H. & P.F.L. Act;') after allowing the conversion of the land, has been assailed in this writ petition.

(3.) On the application of the petitioner under Section 8-A of the O.L.R. Act for conversion of Plot No. 1155, measuring an area Ac. 0.79 under Chaka No. 484 in Khata No. 628/189 in Mouza-Mangarajpur under Tihidi Tahasil from agricultural to homestead opposite party No. 3-Tahasildar registered OLR No. 168 of 2012. After receipt of report of the local Revenue Inspector and after service of notice as per law, the Tahasildar allowed the application for converting the disputed land from agricultural to homestead kisam and assessed Rs. 80,383.00 towards premium and other dues. The said dues having been paid, the order was passed finally on 12.11.2012 allowing the conversion with a condition that the converted land shall not be sold by creating fragmentation. The petitioner, thereafter filed an application for waiving the condition as aforesaid and by the impugned order dated 25.10.2013, the Tahasildar again stated that the condition of prohibition of sale by way of fragmentation is in accordance with the provision of Section 34 of the O.C.H. & P.F.L. Act, 1972.