NARANA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application is directed against the order dated 31.8.2002 passed by the Tahasildar, Bhubaneswar in OGLS Case No.1037 of 2000 (W.L. 605/1970) resuming the land settled in favour of the petitioner in exercise of power under Section 3 -B of the OGLS Act.

(2.) AS it appears from the record in W.L. Case No.605 of 1970, Ac.1.000 decimals of land appertaining to Khata No.229/32, plot No.462/621 in Mouza -Alkar had been settled in favour of the petitioner. Pursuant to a general direction issued by this Court in a writ application calling upon the State Government to enquire into the matter regarding misuse of power by the Tahasildar in settling the land, an inquiry was conducted and the present case under Section 3 -B of the Act was initiated for resumption. In the impugned order the Tahasildar having found irregularities in the matter of settlement of the land in favour of the petitioner, passed an order of resumption which is assailed before this Court.

(3.) ON perusal of the impugned order, we also find that the land had been settled in favour of the petitioner for agricultural purpose and at the time of enquiry it was found that the land is not being used. Section 3 -B of the Act provides that if the land settled is being used for any purpose other than the purpose for which it had been settled, the Tahasildar may resume the same. There is no evidence on record or finding to the effect that the land settled in favour of the petitioner is being used for any purpose other than the purpose for which it had been settled. If any agricultural activity is not carried on the land and it is not used for any purpose, it will not amount to use of the land for some other purpose. We are therefore of the view that the matter is required to be reconsidered in the light of the above observation and the Tahasildar is required to find out as to whether Section 3 -B has any application to the facts of this case.