BATAKRUSHNA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The legality and propriety of sanction of lease and conversion of nature of the lands appertaining to plot no.27 measuring Ac.1.40 decimals recorded as Jalasaya-II, Pokhari; and plot no.51 measuring Ac.1.50 decimals recorded as Jalasaya-II, Gadia, corresponding to Khata No.1206 of village-Chatra in the district of Jagatsinghpur originally stood recorded in the name of Irrigation and Power Department of Government of Odisha as per the Record of Rights published on 01.02.1985, is the subject-matter of consideration in the present application.

(2.) The factual matrix of the case, as borne out from the records, is that the lands in question had been recorded as 'Jalasaya' under the Record of Rights (ROR)-Annexure-1 prepared by the competent authority. The same was corrected, as per Revenue Lease Case No.33 of 1993, and prepared in the name of Secretary, Regulated Market Committee (RMC), Jagatsinghpur with 'stitiban' status, being plot no.27/4764 measuring Ac.1.00 decimals and plot no.51/4765 measuring Ac.1.00 decimals both recorded as Gharabari corresponding to khata no.1043/220 of village-Chatra. The Executive Engineer, Irrigation Department wrote a letter on 16.09.1993 to the Tahasildar, Jagatsinghpur to deposit the market value. Further, on 29.10.1993, the Executive Engineer also wrote a letter to the Sub-Collector, Jagatsinghpur for realization of market value from R.M.C., Jagatsinghpur.

(3.) As originally the lands in question belonged to Irrigation and Power Department, the Government in Irrigation Department relinquished the lands in question measuring Ac.2.00 decimals in favour of Revenue Department vide letter dated 14.01.199 Accordingly, the Revenue Department in its letter dated 22.02.1993 intimated the Collector, Cuttack to transfer possession of land and correct the ROR. In Revenue Misc. Case No.26 of 1993, the ROR was corrected and the Secretary, RMC, Jagatsinghpur was intimated to file an application for lease as per the corrected ROR. The Secretary filed the application and accordingly the ROR was corrected, and the Secretary was authorised by the committee to sue or to be sued in case of future litigation. Public objection was invited on 27.10.1993 and no objection was received from anybody within the time limit.