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2021 DIGILAW 60 (ORI)

Kubera Kalas v. State Of Odisha

2021-02-11

K.R.MOHAPATRA, S.MURALIDHAR

body2021
JUDGMENT 1. This matter is taken up by video conferencing mode. 2. Heard Mr. D.K. Mohapatra, learned counsel for the Petitioners and Ms. Suman Pattanaik, learned Additional Government Advocate for the State-Opposite Parties. 3. This public interest litigation (PIL) has been filed alleging that the land earmarked for a high school play ground is being used for the construction of the Court complex of the District Magistrate First Class Court in Tangi and staff quarters. It is stated that in the Record of Rights (RoR) Khata No.500/1 measuring an area of Ac.1.000 decimal after alienation from Khata No.493 corresponding to Plot No.238/1111/2181 stands in the name of Judicial Magistrate Court Tangi, Khata No.500/4 in the name of Civil Court Staff quarters and Khata No.500/5 in the name of Gramya Nyayalaya, Tangi. 4. It is further alleged that land in Plot No.473 has been recorded as a high school play ground and now after de-reservation, the rest of the land under Khata No.495 is recorded as Gochar. Alleging that there is no other land recorded in the name of the Tangi High School for the purposes of a play ground and for use of its students, except the land under Annexure-2, the present PIL has been filed. 5. When the matter was heard on 12th January, 2021, this Court passed the following order: 'This matter is taken up by video conferencing mode. Heard Mr. D.K. Mohapatra, learned counsel for the Petitioners and Mr. A.R. Dash, learned Additional Government Advocate for the State-Opposite Parties. Mr. A. R. Dash, learned Additional Government Advocate for the State-Opposite Parties states that he needs some time to seek instruction on the plea of the Petitioners that despite separate land having been earmarked for construction of building of Judicial Magistrate Court, Staff Quarter of Civil Court and Gramya Nyayalaya, the Opposite Parties are starting construction of such buildings presently on Tangi High School playground.' 6. On 9th February 2021, Opposite Party No.4 i.e. the Registrar, Civil and Sessions Court, Khurda at Bhubaneswar filed a counter affidavit, in which it is stated in Paragraphs 4 and 5 as under: '4. That, the averments made in Paragraph-4.1 of the writ petition are wholly incorrect and hereby denied. On 9th February 2021, Opposite Party No.4 i.e. the Registrar, Civil and Sessions Court, Khurda at Bhubaneswar filed a counter affidavit, in which it is stated in Paragraphs 4 and 5 as under: '4. That, the averments made in Paragraph-4.1 of the writ petition are wholly incorrect and hereby denied. It is submitted that even though lands were allotted under khata No.500/3, 500/4 and 500/5 and RORs were prepared with respect to those lands in favour of J.M.F.C., Tangi and its staff quarters, all the aforesaid RORs were subsequently revoked vide order No.21467 dtd.06.12.2019 of Collector-cum-District Magistrate, Khurda communicated vide Order No.21470 dtd.06.12.2019 which was received on 14.02.2020, because the said govt. land are for construction of judicial courts and residential buildings and is within DLC List and hence, Tahasildar, Tangi was directed by the Collector to take immediate steps for resumption of the said land into government khata. Copy of Order No.21470, dtd.06.12.2019 is annexed herewith as Annexure-A/4. Therefore, the above mentioned land as shown by the petitioners in Para-4 (1) is not available to O.P. No.4 anymore for construction of the Court of Judicial Magistrate First Class, Tangi and its staff quarters. 5. That, the averments made in Paragraph-4.2 of the writ petition being not correct, are hereby denied. It is humbly submitted that the land in plot no.473 measuring an area of Ac.0.450 dec. under Khata No.495, out of area of Ac.2.753 dec. situated at Mouza-Tangi has not been recorded as High School Play Ground at any point of time. On the other hand, a separate patch of land measuring an area of Ac 0.450 dec. out of khata No.495 with respect of De-reservation Case No.1/95 has already been alienated much earlier for use of play ground of the High School. That patch of land has no connection with the land under Plot No.473 which is allotted in favour of J.M.F.C., Tangi.' 7. It is further stated in Paragraph-6 as under: '6. That, in reply to the averments made in Paragraph-4.3 of the writ petition, it is humbly submitted that there is no separate land recorded in the name of Tangi High School for the purpose of play ground. Apart from the plot mentioned above another plot bearing No.151/1071 under Khata No.495 of area Ac.1.810 dec. is being used as play ground of the high school. So also, plot No.475 under Khata No.495 of area Ac.4.190 dec. Apart from the plot mentioned above another plot bearing No.151/1071 under Khata No.495 of area Ac.1.810 dec. is being used as play ground of the high school. So also, plot No.475 under Khata No.495 of area Ac.4.190 dec. is being used as play ground of the high school. Besides the above, Khata No.495, Plot No.476/1066 of area Ac.3.340 dec. is the campus of the high school. All the aforesaid plots are adjoining to each other as per the sketch map available in the record prepared at the time of site selection. The entire plots as stated above which are available under Khata No.495. Copy of sketch map and copy of R.O.R. in Khata No.495 are annexed herewith as Annexure-B/4 & C/4 respectively. Therefore, due to the above reason there are enough land available to the high school for being used as play ground. Apart from the same, there are also other patches of land available nearby under Khata No.493 such as plot No.480, plot No.473/1069 and plot No.473/1070 which can be used by the local public for communal purpose as claimed by the petitioners.' 8. It is further pointed out that the preliminary work on the site has already started. It is categorically stated in para 9 of the counter affidvait that 'there is no encroachment of the play ground of the High School as the land allotted to high school play ground is separate from the court land'. 9. In that view of the matter, this Court is satisfied that no grounds have been made out for interference. Any other grievance, the Petitioners may have may be ventilated before the Collector, Khurda in accordance with law. 10. This writ petition accordingly is disposed of. 11. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.