STATE OF ORISSA Vs. PREMALATA MOHAPATRA

JUDGEMENT

(1.) The challenge in the present appeals is to an order passed by the High Court of Orissa on 12.4.2016 directing the Collector and the Tehsildar, respondent Nos. 2 and 3 before the High Court (appellants herein) to demarcate the land of 5 acres in respect of the lease case initiated in the year 1967 and to handover the possession of the said land preferably within a period of four weeks.

(2.) The said order arises out of the fact that the husband of the respondent Shri Umesh Chandra Mohapatra was working with the Indian Army. The claim of his wife 1, now deceased, was that keeping in view service rendered by her husband to the nation, each person who returned from the forward area during the war time is entitled to 5 acres of land as per the Government Resolution dated 14.5.1963. The husband of the respondent is said to have made an application in the year 1967. It was on 7.7.1969, vide another resolution, the State Government modified the earlier resolution dated 14.5.1963. It was clarified therein that the concession facilities would be provided to only those personnel who had served in the forward areas during 26.10.1962 to 31.1.1964 and on production of a certificate from the Unit Command confirming such service. Still later, another resolution was passed on 10.3.2014, whereby the policy of allocating land was modified and instead monetary grant as mentioned in Annexure 1 of the said Circular was contemplated. The relevant extract from the three policies read thus:

(3.) Shri Umesh Chandra Mohapatra died on 20.3.1973. It was in 2007 that a writ petition was filed by the writ petitioner bearing Writ Petition No. 6133 of 2007. The High Court noted in its order dated 18.3.2010 that the parties were not presenting correct facts and were suppressing vital details. The Superintendent of Police, Cuttack by way of an interim order was directed to conduct an inquiry as to whether, in fact, 5 acres of land was leased in favour of the writ petitioner and as to whether the patta issued was genuine. On the basis of an inquiry, the High Court noticed that the writ petitioner had actually filed the application in the year 1967 but no order had been passed by the Tehsildar, Cuttack since then. Therefore, the direction was issued to Tehsildar to dispose of the lease case filed by the writ petitioner within a period of six months. The Superintendent of Police was directed to continue with the investigation and if it satisfied that the writ petitioner or any other person had committed or manipulated the documents, necessary FIR was to be lodged against the erring person before the appropriate Court. An application was filed for modification of the order dated 18.3.2010 in Writ Petition (C) No. 6133 of 2007 whereby Tehsildar, Dompara was directed to comply with the order on 17.2.2012.