Compliance with statutory requirements under the OLR Act is mandatory for granting permission to sell land; refusals based on conjecture are not sustainable.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 03.12.2024 passed by the Sub-Collector, Berhampur (Opp. Party No.3) in OLRC No.19-77/2023.

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the petitioner belong to SC community having his sub-caste (Dhoba). In order to meet the expenses of the marriage of his daughter, he (petitioner) applied for permission under Section 22 of the OLR Act, 1960 before the Sub-Collector, Berhampur (Opp. Party No.3) to sell his properties under Khata No.1172/1696 in Mouza-Subhani to a non-scheduled caste persons indicating in detail about the property particulars in his application, as no one of his caste people was willing to purchase his said properties providing present market value thereof.

On the basis of the aforesaid application of the petitioner, a case vide OLRC No.19-77/2023 under Section 22 of the OLR Act, 1960 was initiated before the Sub-Collector, Berhampur (Opp. Party No.3) and an inquiry was conducted by him (Opp. Party No.3).

On the basis of the report of the W.E.O, Chikiti and Tahasildar, Chikiti, the Sub-Collector, Berhampur (Opp. Party No.3) passed the final order in OLRC No.19-77/2023 on dated 03.12.2024 (Annexure-5) and rejected to the prayer for permission to sell his properties indicated in his application assigning the reasons that,

“Perused the report of Tahasildar and WEO which discloses that, the applicant belong to SC by caste and Dhoba by Sub-caste. Applied land stands recorded in favour of the applicant. The recorded tenant wants to sell the above lands for daughter’s marriage.

Examined the applicant and it is learnt that the petitioner requires to alienate the lands for the above purpose. As ascertained the applied lands recorded in his favour in rayati status.

Perused the report of Tahasildar and WEO concerned, purpose of application and present prayer of the petitioner, to grant permission for the applied patch of land.

General proclamation inviting objection from the locality duly been published. A copy of the notice was also sent to ADWO/W.E.O. inviting objection. No objection received from any corner till date. From the report of Tahasildar, the applicant is not coming under landless/homestead less criteria.

However as the applicant has applied for alienation/ sale of another two lands from all these only the land bearing khata no: 1172/1695 plot number 5968/8728, 5957/8487/8727, 5958/8488, 5959/8489/8726, 5962/8725, 5963, 5964/8724 Area Ac.0.756, Kissama Bila do fasali-II in Suvani Mouza under Chikiti Tahasil is allowed for sale and rest two lands ie Khata no: 1172/1696 Plot number 5965/9282, 5956/8485/9283, 5968/9284, Area Ac.0.304, Kissama Bila do fasali-II & Khata no: 1172/1697 Plot numbers 5965/9309, 5964, 5957/8487,5967/8485/9310, Area Ac-0.046 in Suvani Mouza under Chikiti Tahasil are not allowed/ rejected to sale these lands.

Though the applicant has balance land of area- 9.009, I am not inclined to grant permission to sale such huge amount of land for marriage purpose of the applicant’s daughter.”

3. I have already heard from the learned counsel for the petitioner and the learned Addl. Standing Counsel for the State.

The learned Addl. Standing Counsel for the State raised the question of maintainability of the writ petition filed by the petitioner on the ground that, the statutory appellate forum under Section 58 of the OLR Act, 1960 to challenge the impugned order is available, for which, in spite of availability of the statutory appel