RAMESH MALLIK v. REBATI MALLIK
Court: High Court of Orissa
Bench: MR. JUSTICE R.K.PATTANAIK
Judgment date:
Case summary
High Court of Orissa judgment dated 2024-12-16. RAMESH MALLIK v. REBATI MALLIK. Read the judgment and case details on LawSphereX.
Judgment text
IN THEE HIGH COURT OF ORISSA AT CUTTACK W. P. (C) No. 15986 of 2017 Ramesh Mallik …. PPeetitioner Mr. Bijay Kumar Behera-1, Ad, Advocate -Versus- Rebati Mallik && o others …. Oppossiittee parties Mr. P. K. Ra. Ray, AGA CORRAAM: MR. JJUSTICE R. K. PATTANAIK ORDER 16. 12. 2024 Order No. 07. 1. Heard Md Mr. Behera, learned counsel for the petitioitioner and Mr. Ray, learnedned AGA for the State. 2. Instant wnt writ petition is filed by the petitioner challenllenging the st impugned orderder dated 31 December, 2010 passed in conconnection with OCH & PFLPFL Misc. Case No. 3 of 2009 by opposite parparty No. 4 on the grounds sds stated. nd 3. This CoCourt, by order dated 22 November, 2022024, had allowed time fofor the State to respond to the contentionion of Mr. Behera, learneded counsel for the petitioner regarding applicalicability of Section 36A of Of OCH & PFL (Amendment) Act, 2023 and todtoday, Mr.
Ray, learned AGAGA would submit that the same applies prospospectively and not to the cae case at hand. 4. In replyply and response to the above, Mr. Behera,ra, learned counsel for the phe petitioner refers to the following orders in in Urmila Sahoo Vrs. Coolllleector & District Magistrate, Khurda & aannoother in th W. P. (C) No. 28528511 of 2019 dated 8 May, 2024 and Sudaassttnna Sabat Page 1a of 3 Vrs. The Statee o of Odisha & others in W. P. (C) No. 31595 o5 of 2023 st disposed of on 1n 1 August, 2024 to contend that the transansaction in question stands vds validated in view of Section 36A of the Amemendment Act. th 5. A copy opy of the Notification dated 29 December, 202023 with regard to the AmAmendment Act is produced in Court today. 6. Under tr the heading of validation of the transactioctions, the amendment hasas been brought in to the OCH & PFL Act byby way of Section 36A whichich is reproduced herein below. “3“36A.
Any transfer or partition of agagricultural land in a locality creating frafragmentation made under the Principal Act bebefore the commencement of the Odisha CoConsolidation of Holdings and Prevention ofof Fragmentation of Land (Amendment) AcAct, 2023, shall be treated as valid. ” 7. The aboabove provision stipulates that any such tratransfer or participation ofof agricultural land with a fragmentation ununder the Principal Act is tis to be treated as valid if the same has taketaken place before the commmmencement of the Amendment Act, 2023. 8. The CouCourt has accepted a similar plea and passed od orders as referred to hereirein before by Mr. Behera, learned counsel apl appearing for the petitionerner. In the present case, the petitioner is the ppurchaser th of the schedule lle land under a validly executed sale deed dadated 10 January, 2007 a7 and is in possession of the same.
Since suchch sale led to the fragmentantation of Chaka, Section 34 & 35 of the OCHCH & PFL Act was sought toht to be invoked to invalidate it. However, MrMr. Behera learned counselsel for the petitioner submits that the same is saved in PaPage 2 of 3 view of Sectionion 36A of the Amendment Act which is tis to apply retrospectively. 9. Consideridering the facts pleaded on record and submismissions of learned counselsel for the respective parties and taking judiciaicial notice of Section 36AA of the OCH & PFL (Amendment) Act, 202023 and earlier views exexpressed by this Court, the conclusion is tis that the impugned orderer i. e. Annexure-1 is liable to be set aside. 10. Accordinrdingly, it is ordered. 11. In thee result, the writ petition stands alloweded. As a necessary corollaollary, the impugned order under Annexure-11 in OCH & PFL Misc. CasCase No. 3 of 2009 under Annexure-1 by oy opposite party No. 4 is herhereby set aside. 12.
A certifietified copy of this order be issued as per rules. (R. K. Pattanaik) Judge kabita Signature Not Verified Digitally Signed Signed by: KABITARANI MAJHI Reason: Authentication Location: Ohc, Cuttack Date: 18-Dec-2024 17:21:56 PaPage 3 of 3
Source: High Court of Orissa. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.