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Judgment
Arindam Sinha, J
Mr. Sahu, learned advocate appears on behalf of petitioner and submits, his client was granted lease in respect of a stone quarry. Demarcation is being sought to be made in respect of the quarry. His client filed petition dated 21st November, 2022 under section 3-B in Odisha Government Land Settlement Act, 1962. The petition is pending. However, the authorities are moving in respect of the land. He prays there be direction to forthwith consider his client’s petition and interim protection.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, there were orders made by a learned Single Judge of this Court dated 30th November, 2022 and 16th December, 2022 respectively in WP(C) no.32212 of 2022 (Biswambar Naik and others v. State of Odisha and others) and WP(C) no.34205 of 2022 (Kartika Samal and others v. State of Odisha and others). He submits, the orders are for demarcation of the land on grant of lease to petitioners therein under ‘Basundhara Scheme’. The leases were granted in year 2001.
He draws attention to letter dated 10th January, 2023 (annexure-17) of the Tahsildar addressed to the Revenue Inspector and objection dated 9th January, 2023 of petitioner in respect of demarcation case involving one of the writ petitions WP(C) no.32212 of 2022. He submits, petitioner is well aware that the authority is acting for implementation of orders passed by the learned Single Judge on grant of lease in year 2001.
It becomes clear to us that petitioner is claiming the land for purposes of running stone quarry. There have been taken steps for demarcation of lease land to petitioners in aforesaid writ petitions. Petitioner appears to have been affected. It has made a petition under section 3-B. Obviously, there has been order of resumption and/or imposition of penalty and petitioner has petitioned against it. Not having been made party to the writ petitions, said orders dated 30th November, 2022 and 16th December, 2022, it cannot be said petitioner is lawfully bound to comply with the same. In the circumstances, it is imperative for the petition under section 3-B to be dealt with as expeditiously as possible.
The Tahsildar, Gondia is directed to consider and deal with the petition made by petitioner under section 3-B. Till two weeks after communication of the result of consideration, status quo will operate in respect of the land being subject matter of the petition (under section 3-B).
The writ petition is disposed of.
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