SUKANTI NAIK Vs. REVENUE DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the order dated 30.1.2004 passed by the Revenue Divisional Commissioner, Southern Division, Berhampur, O.P.1 in O.G.L.S.R.C. No. 13/2002, vide Annexure -1.

(2.) THE brief facts, as delineated in this writ petition, tend to reveal as follows: The petitioner, who claims to be the Proprietor of a hotel 'M/s. Hotel Khusi' at Bhawanipatna, on 1.1.2001 applied to the Tahasildar, Kalahandi, O.P.3 for grant of lease of a government land measuring an area of Ac. 0.500 decimals under Khata No. 1456 plot No. 1528/5999 for running a hotel -cum -lodge. The Tahasildar on receipt of such application directed the Amin to cause a field enquiry and submit report by 3.1.2001. Pursuant to such direction of the said Tahasildar, the Amin verified the records and submitted a report indicating that the said plot was not reserved for any purpose and was also free from encumbrances. Considering the Amin's report, the Tahasildar issued a proclamation inviting objection from public within thirty days of its publication, vide Annexure -2. A copy of the proclamation was sent to the Sub -Collector, Bhawanipatna, Executive Officer, Bhawanipatna Municipality, Block Development Officer, Bhawanipatna Sadar, for wide publication and a copy was also fixed on the notice of the Tahasil Office for information of the general public, as per Rule 5(5) of the O.G.L.S. Rules, 1983. As no objection was received from any quarter during the prescribed period, on 2.2.2001 the Tahasildar visited the spot and found that the land was free from encroachment and encumbrances and there was no mine or mineral and standing trees on the land. Thereafter, he fixed the premium and directed the petitioner to pay a sum of Rs. 37,975/ - towards the land value after sanction of the lease and submitted the records to the Sub -Collector, Bhawanipatna for onward transmission to the Collector, Kalahandi, O.P.2 for final order. The Sub -Collector recommended for sanction of lease of the government land in favour of the petitioner. The Collector, Kalahandi, O.P.2 by order dated 24.11.2001 sanctioned lease of the government land in question in favour of the petitioner on the terms and conditions stipulated therein, vide Annexure -5 and intimated the same to the concerned authorities.

(3.) THOUGH the revision application was filed beyond the prescribed period of limitation, the R.D.C. condoned the delay and entertained the same for adjudication. The R.D.C. in the impugned order in Annexure -1 has indicated that the land was earlier classified as 'Jalachar Kissam' under plot No. 1528 of Khata No. 1454 of Bhawanipatna town. It was de -reserved by the Collector, Kalahandi on 25.11.1997, vide case No. 1/97 and the R.O.R. was corrected by changing the Kissam of the land from 'Jalachar' to 'Ghaspadia'. Section 3(1)(a) of the O.G.L.S. Act provides for reservation of land. Section 3 -A(1) provides for de -reservation of land reserved under Section 3(1)(a). According to the R.D.C, the finding of the Collector that 'Jalachar Kissam' of land has lost its character and it is now lying vacant as 'Grass Field Kissam of land', is not correct and legal as the land was never reserved for settlement under Section 3(1)(a) of the Act. He held that the change of Kissam of the land and the correction of record of rights could have been done under the provisions of the Survey Settlement Act, and hence the change of classification of the suit land is illegal and beyond the jurisdiction of the Collector, Kalahandi.