Aditya Kumar Singh v. Secretary to Government, Revenue & Disaster Management Department
2016-09-16
BISWANATH RATH
body2016
DigiLaw.ai
JUDGMENT : Biswanath Rath, J. The impugned order has been assailed by the petitioners on the sole premises that in view of the direction given by this Court in W.P. (C) No. 27491 of 2013 specifically directing that in the event the Additional Sub-Collector finds that the lease has not been set-aside, he shall direct for recording of the disputed land in the name of the petitioners, unless their status and children of the original lessee is disputed and the further direction by this Court in W.P. (C) No. 27491 of 2013 that in case, the record of rights in respect of the disputed land has already been finally published in the meantime, the same shall be corrected and the authority below has failed in understanding the direction of this Court and consequently passed the wrong and illegal impugned order. 2. Learned counsel for the petitioners further contended that after the fresh inquiry, following the direction given by this Court in W.P. (C) No. 27491 of 2013 the Additional Sub-Collector has recorded the land in favour of the petitioners clearly indicating that the lease has not been cancelled and in such event, it is claimed that in the Settlement Appeal the Additional Sub-Collector had no other option than to simply direct for recording the name of the petitioners by way of correction of the record of rights. 3. For convenience, this Court refers here the operative part of the direction of this Court in W.P. (C) No. 27491 of 2013 which is quoted as herein below:- “6. In the aforesaid circumstances, I set aside the impugned appellate order and remand the case back to the Additional Sub-Collector-opposite party No.2 and direct the petitioner to appear before the Additional Sub-Collector, Bhubaneswar and produce all necessary documents including the order of the Additional District Magistrate dated 6.1.2000 passed in Revision Case No. 200 of 1981 holding the lease of the petitioners’ father to be valid and genuine. The Assistant Settlement Officer shall also issue notice to the Tahasildar, Bhubaneswar to find out if at any time subsequent to the orders passed by the Additional District Magistrate as aforesaid the lease of the petitioners’ father has been either cancelled or set aside.
The Assistant Settlement Officer shall also issue notice to the Tahasildar, Bhubaneswar to find out if at any time subsequent to the orders passed by the Additional District Magistrate as aforesaid the lease of the petitioners’ father has been either cancelled or set aside. In case the Additional Sub-Collector finds that the lease has not been set aside, he shall direct recording of the disputed land in the name of the petitioners, unless their status and children of the original lessee is disputed. In case record of rights in respect of the disputed land has already been finally published in the meantime, the same shall be corrected in accordance with the decision to be taken by the Additional Sub-Collector as aforesaid. The Additional Sub-Collector shall dispose of the matter within four months from the date of appearance of the petitioners.” 4. Considering the submissions made by the respective parties, this Court finds in view of a positive direction given by this Court in W.P.(C) No. 27491 of 2013 and further in view of the observations made thereunder the report submitted by the Additional Sub-Collector in the inquiry following the direction in the W.P.(C) No. 27491 of 2013, and for the observations following an investigation as a consequence of the direction in the above writ petition, there was no other alternative with the Additional Sub-Collector to direct for correction of the record of rights in favour of the petitioners. Looking to the objection raised by the learned State Counsel, this Court finds the direction given in W.P. (C) No. 27491 of 2013 for not being unchallenged in higher forum, are not sustainable in the eyes of Law. 5. Under the circumstances, while setting aside the direction part of the impugned order, this Court directs the Tahasildar to correct the record of rights following the observations made by the Additional Sub-Collector. It is further directed that the Tahasildar competent shall do well in making necessary correction in the light of claim of the petitioner in the R.O.R. within a period of eight weeks from the date of communication of this order. 6. The writ petition stands disposed of with the above direction. Parties to bear their own cost.