The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.47 of 2019 Basanti Dalai and Another …. Petitioners Mr. A.P. Bose, Advocate -versus- State of Odisha, represented through its Secretary, Revenue Department and Others Opposite Parties Mr. S.P. Panda, Additional Government Advocate ….
Legal Reasoning
CORAM: SHRI JUSTICE B. P. ROUTRAY
Decision
ORDER 26.7.2024 Order No. 12. 1. The matter is taken up through hybrid mode. 2. Heard Mr. A.P. Bose, learned counsel for the Petitioners and Mr. S.P. Panda, learned AGA. 3. The Petitioner has prayed to quash the demand of further amount by the authorities towards conversion fee of his land. 4. The facts reveal that the late father of Petitioner No.2, who is also the husband of Petitioner No.1, applied for conversion of the case land as Gharabari (homestead) in the year 2002 before the competent authority, i.e. Tahasildar, Brahmagiri (O.P. No.2). The Tahasildar in his order dated 30th January, 2003 allowed the prayer of conversion and directed to pay a sum of Rs.3375/- plus ground rent of Rs.34/-, totaling Rs.3409/-. Accordingly, the late father of Petitioner No.2 deposited the amount before the Tahasildar vide receipt No.207453 dated 24th February, 2003. Then on 26th February, 2003 the Tahasildar directed the Rayat (late father of Petitioner No.2) to submit the agreement before the local Sub- Registrar in terms of the provisions in vogue at that time. Page 1 of 4 It needs to be mentioned here that Rule 12A of Odisha Land Reforms (General) Rules, 1965, which was valid during that relevant time, required registration of the Standard Lease Deed in Form 27 before the Sub-Registrar, in case the conversion is allowed. 5. At this stage, i.e. after order dated 26th February, 2003 of the Tahasildar, nothing proceeded and it is admitted that no agreement for registration was submitted to the Sub-Registrar by the late father of Petitioner No.2. In the meantime late father of Petitioner No.2 died in the year 2011. Thereafter in the year 2018, Petitioner No.2 enquired about the matter and coming to know about the fact that conversion was allowed on 30th January, 2003, applied for corrected RoR of the land. The Tahasildar replied under Annexure-7 that since in the meantime 15 years have already passed Petitioners are required to deposit further amount of Rs.45,000/- in terms of the fees required for conversion in the year 2018, which excludes Rs.3375/- paid by the late father of Petitioner No.2. This is objected by the Petitioners and hence the writ petition. 6. In view of the facts narrated above, the question falls for determination is whether the Petitioners are liable to pay further amount of Rs.45,000/- in terms of the fees applicable in the year 2018. 7. As seen from the order-sheet under Annexure-3, order dated 30th January, 2003 of the Tahasildar is clear to the effect that the conversion is allowed for non-agricultural purpose from agricultural purpose of the land and the Rayat was directed to pay a sum of Rs.3409/-. It is further clear from order dated 26th February, 2003 that the directed sum was paid vide receipt No.207453 dated 24th February, 2003 towards conversion Page 2 of 4 charges of the land by the Rayat. It is also true that the Rayat was directed to submit the agreement for registration in the local Sub- Registrar within one month in same order dated 26th February, 2003. 8. State has filed its counter and additional affidavit reiterating the fact that the Rayat did not deposit the agreement before the Sub-Registrar within one month from 26th February, 2003 and therefore, the conversion process could not be completed and so the Petitioners are liable to pay the fees as applicable in the year 2018. The record does not reveal recalling of order dated 30th January, 9. 2003 or 26th February, 2003 for non-submission of the agreement by the Rayat within time. It is also true that such order allowing conversion of the land on the application of the Rayat has never been cancelled nor recalled or modified after 26th February, 2003 on the ground of non- submission of agreement for registration. The orders dated 30th January, 2003 and 26th February, 2003, which stand valid as on date, are clear to the effect that the prayer for conversion of the land was allowed and the conversion charges have been accepted from the Rayat within time. For non-submission of agreement for registration by the Rayat in time, it is explained by the Petitioners that the father of Petitioner No.2 suffered from illness during the relevant time and ultimately died in the year 2011, for which steps could not be taken in time for submission of agreement for registration. Since the matter was unknown to the Petitioners, subsequently on their enquiry they came to know about all such facts in the year 2018 that the late Rayat had already applied for conversion and deposited the conversion charges in the year 2003. Page 3 of 4 10. The Tahasildar in his counter or additional affidavit has never said that the order allowing conversion of the land was either recalled or cancelled for non-submission of the agreement by the Rayat in time. When it is admitted that orders dated 30th January, 2003 and 26th February, 2003 are still in force and have been complied with by payment of conversion charges, it is unfair on the part of the Tahasildar to demand further amount applicable in the year 2018 towards fees of conversion from the LRs of the deceased Rayat. Thus, the demand for further amount as per Annexure-7 and 9 towards conversion charges from the Petitioners is also illegal and as such quashed. The authorities, specifically Opposite Parties 2 and 3, are directed to proceed in accordance with law for grant of corrected RoR of the case land in favour of the Petitioners, if no other legal impediment is there, within a period of two months from the date of receipt of certified copy of this order. 11. The writ petition is disposed of as allowed. M.K. Panda (B.P. Routray) Judge Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 29-Jul-2024 16:21:51 Page 4 of 4