RABINDRA SAHU Vs. STATE OF ODISHA AND OTHERS

JUDGEMENT

(1.) These writ petitions are interlinked and the points involved being common, are disposed of by this common judgment.

(2.) The petitioners in all these writ petitions have assailed the Notification No.5678 dated 19.02.2016 issued by the Government of Odisha, Revenue and Disaster Management Department, under Sub-Section (1) of Section 41 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as "the OCH & PFL Act" for brevity), whereby the Consolidation Operation has been closed in respect of the area mentioned in the Schedule-'A' given therein under Annexure- 1.

(3.) It appears from the averments made in the writ petitions that the petitioners, in all these writ petitions, are the residents of village Dhankauda, Dandeipali, Bohidarnuapali, Khirapali, Gengutipali, Sarnkarma and Khadual in the district of Sambalpur. The lands in questions of the aforesaid villages are coming under the Sambalpur Municipal Corporation. The Government of Odisha, Department of Housing and Urban Development considering the objections and suggestions received as called for in the Extraordinary issue of the Odisha Gazette No.2221, dated the 16th November, 2013, issued Notification dated 21st November, 2014 specifying the aforesaid villages along with other some villages with boundaries thereof as a larger urban area under Annexure-5. It is also apparent from the records that the Deputy Director, Consolidation of Holdings, Sambalpur has submitted the proposal for issuance of Notification under Section 41(1) of the OCH and PFL Act to the Deputy Secretary, Consolidation, Board of Revenue, Odisha, Cuttack vide letter No.543/CH., dated 11.12.2015 under Annexure-2. The Government of Odisha, Revenue and Disaster management Department issued the Notification No.5678 dated 19.02.2016 notifying that the consolidation Operation has been closed in respect of the area mentioned in the Schedule-"A" given therein, wherein the villages of the petitioners are found place, in exercise of power conferred under Sub-Section (1) of Section 41 of the OCH and PFL Act. Challenging the said Notification No.5678 dated 19.02.2016 under Anexure-1, the petitioners have filed these writ petitions.