BINOD BEHERA Vs. TAHASILDAR, OUPADA

JUDGEMENT

(1.) A.K.Rath, J This petition challenges the order dated 16.7.2014 passed by the Tahasildar, Oupada, opposite party under Sec.8(1)(c) of the Orissa Land Reforms Act ("OLR Act"), whereby the opposite party has evicted the petitioner from the land in question and held that he has lost the rayati status.

(2.) Shorn of unnecessary details, the short facts of the case are that the petitioner is the owner of Ac.0.55 dec. of land appertaining to Khata No.543/191, Plot No.3662/3760 of MouzaBadapokhari in the district of Balasore. He has prepared bricks over the land. In TMC No.15 of 2013-2014, opposite party levied the royalty and water tax of Rs.3238/-, surface rent Rs.4/-, dead rent Rs.41/-, penalty Rs.2000/- (Total Rs.5283/-). He paid the same on 7.2.2014, vide Annexure-3. While the matter stood thus, the opposite party initiated Case No.7 of 2014 on the basis of the report of the R.I that the petitioner has used the land for non-agricultural purpose in contravention of Sec.8(1)(c) of the OLR Act. Notice to show cause was issued to him. He did not file any reply. By order dated 16.7.2014, opposite party evicted him from the land and held that he has lost his rayati status.

(3.) Opposite party has filed a counter affidavit stating that the petitioner has unauthorisedly constructed brick kiln over Ac.0.55 dec. appertaining to Khata No.643/191, Plot No.3662/3760, MouzaBadapokhari in the district of Balasore in contravention of Sections 3 and 5 of the Orissa Minor and Minerals Concession Rules, 2004. Penalty of Rs.5283/- was imposed on him. The same was realized on 7.2.2014. Again the petitioner constructed brick kiln after a gap of five months in contravention of Sec.8(1)(c) of the OLR Act. Notice to show cause was issued to him, but he failed to submit any reply. Since June, 2015, he has constructed the brick kiln for commercial purpose besides using the bricks for construction of his own house. The merger of the suit land in Government Khata will ensure proper utilisation of fertile agricultural land for agricultural purpose and dissuade others who use agricultural land for non-agricultural purpose.