BHIKARI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The dispute involved in this Writ Petition has a chequered career. It commenced sometime in the year 1976. About Ac.171.98 decimals of land appertaining to plot Nos. 49 and 51 of Khata No. 220 situate in village Bidyadharpur, Cuttack was held to be ceiling surplus in Ceiling Case No. 349 of 1975 initiated in consonance with the provisions of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act'). The said ceiling surplus land vested in the State of Orissa on 1st of April, 1976 free from all encumbrances.

(2.) THEREAFTER , it appears, the Petitioner and many others stating to he landless persons filed applications under Section 51 of the OLR Act for settlement of parcels of the said land in their favour. After following the procedures of law, the said ceiling surplus lands were leased out in favour of 171 beneficiaries, the Petitioner being one of them. To be more particular, in OLR Lease Case No. 110 of 1976 Ac.1.00 of land out of the said ceiling surplus land was leased out in favour of the Petitioner by the Addl.Tahsildar (S), Cuttack on being satisfied that the Petitioner was otherwise eligible and he had fulfilled all the criteria as stipulated under Section 51 of the OLR Act. A 'Patta' was also issued in his favour.

(3.) BEING aggrieved by the order of the Revenue Divisional Commissioner dated 9th May, 1986 and the order of the Addl. Tahsildar (S), Cuttack dated 14th August, 1986, the Petitioner approached this Court in OJC No. 4014 of 1992. After hearing the parties, this Court vide Judgment passed on 27 -5 -1992 was pleased to allow the said OJC and set aside the impugned orders of the Revenue Divisional Commissioner and the Addl. Tahsildar (S), Cuttack. Pursuant to Judgment dated 27 -5 -1992 passed by this Court the Revenue Officer -cum -Addl. Tahsildar (S), Cuttack by Order dated 2 -6 -1994 initiated OLR Lease Misc. Case No. 51 of 1992 and directed issue of fresh 'Patta' in favour of the Petitioner on the latter depositing the necessary dues, if the same were not paid by him, thereby leasing out Ac.1.00 of land out of the ceiling surplus land in his favour.