AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Sahoo, learned advocate appears on behalf of petitioner and with reference to his submissions recorded in order dated 22nd February, 2023 he submits, the Tahsildar had found on report of enquiry that his client was in possession of 5 decimals of land. Accordingly there was allotment. Admittedly, the land is in rural area. His client constructed house on four decimals and there was a little open space, being in the remaining one decimal.
Now the administration, by impugned order, is seeking to take away one decimal, on allegation of sale to opposite party no.7. No document has been produced. This resumption in respect of one decimal was done without notice to his client.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and submits, clear guidelines were there regarding power of the Tahsildar to settle land. He refers to guideline no.5(a) and (b), disclosed in the counter. Reproduced below are clauses (a) and (b) of guideline no.5.
“5. Powers to settle land : (a) The settlement of land under these rules shall be made by the Tahsildar where the land is used for homestead purpose and the total extent of land with the application does not exceed 4 decimals (one-twenty fifth of an acre) and is situated in rural area.
(b) Cases involving area of land used for homestead purposes will be approved by the Sub-Collector if the extent of land is up to four decimals (one-twenty fifth of an acre) in urban area or exceeds four decimals but does not exceed ten decimals (one-tenth of an acre) in rural area.
xxx xxx xxx”
(emphasis supplied)
He submits, soon after the Tahsildar realized error committed, there were orders made in year 2015 itself, to cancel the allotment and make fresh allotment of four decimals.
By our earlier order dated 22nd February, 2023 we had given liberty to opposite party no.7 to file additional affidavit disclosing proof of purchase. Said opposite party goes unrepresented.
It does appear from materials disclosed and on record that petitioner was found to be in possession of five decimals, when the allotment was made. The Tahsildar, in such situation, deciding to recall the allotment and making fresh allotment of four decimals, without referring to the Sub-Collector for approval to allot five decimals, was an act done to detriment petitioner. In the circumstances, we require a report to be filed by the Collector, Deogarh on extent of land in possession of petitioner at present time and whether there is possession by some other in respect of one decimal of land, constituted in the original allotment of five decimals made to petitioner. In event some other person is found, documentary evidence of interest in the land must be obtained from such person. State will file the report through additional affidavit, to be accepted on adjourned date upon advanced copy served.
List on 11th April, 2023.
……………………………….