HEMANT GUPTA, V.RAMASUBRAMANIAN
State of Orissa – Appellant
Versus
Premalata Mohapatra (Dead) through LRs. – Respondent
JUDGMENT :
HEMANT GUPTA, J.
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 Indian Army. The claim of his wife1 [Hereinafter referred to as the ‘writ petitioner’] 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 co
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