The declaration of Hamlet Nuagaon as a separate revenue village was upheld as compliant with legal requirements, affirming the principles of natural justice were not breached.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of the India, 1950 has been filed by the Petitioner for himself as well as a representative of the Hamlet Kantabania in village Bajrakote under Krushnaprasad Tahasil in the District of Puri praying for quashing the approval of B.C.P. Case No.1 of 2018 passed on dated 16.12.2019 (Annexure-3) by the Director, Land Records & Survey, Odisha (O.P. No.1) i.e. to the declaration of the Hamlet Nuagaon of village Bajrakote as a separate revenue village.

2. The case of the Petitioner is that, he (Petitioner) is a resident of Hamlet Kantabania of village Bajrakote under Krushnaprasad Tahasil in the District of Puri. The village Bajrakote was a revenue village consisting of three Hamlets i.e. Natabania, Kantabania and Nuagaon and the total area of village Bajrakote is Ac.1645.40 decimal.

The Hamlet Kantabania is a flourishing hamlet of village Bajrakote having its own Gochar land, cremation/burial ground and Government land for communal purposes and some communal lands thereof had/have also been using by the residents of the Hamlet Nuagaon, as, the Hamlet Nuagaon of village Bajrakote is adjacent to the Hamlet Kantabania under the revenue village Bajrakote.

On the basis of some political background, the residents of Hamlet Nuagaon made a representation to the Collector, Puri (O.P. No.2) for creation of their Hamlet Nuagaon as a separate revenue village keeping Kantabania, as a Hamlet of their proposed revenue village Nuagaon bifurcating the same from the main village Bajrakote. The said representation of the residents of Hamlet Nuagaon was forwarded by the Collector, Puri (O.P. No.2) to the Tahasildar, Krushnaprasad, Puri (O.P. No.3) for an enquiry and report. The Tahasildar, Krushnaprasad, Puri (O.P. No.3) on being influenced politically submitted a report behind the back of the villagers of Bajrakote as well as the residents of Kantabania in support of the application of the residents of Hamlet Nuagaon for declaration of that Hamlet Nuagaon as a separate revenue village without serving statutory notices on the residents of Bajrakote and Kantabania and without calling upon them to have their say through objections in compliance with Rule 61 (4) of the O.S. & S Rule, 1962. As such, there was no joint verification for creation of boundaries of the newly proposed village i.e. Nuagaon. On the basis of the enquiry report dated 24.07.2019 (Annexure-1) of the Tahasildar, Krushnaprasad, Puri (O.P. No.3), the Collector, Puri (O.P. No.2) as per its order dated 04.11.2019 (Annexure-2) sent his proposal to the Director, Land Records & Survey, Odisha (O.P. No.1) for declaration of Hamlet Nuagaon as a separate revenue village as per Rule 61 of O.S. & S Rules, 1962, which is highly illegal.

On the basis of the recommendations made by the Collector, Puri (O.P. No.2) on dated 04.11.2019 (Annexure-2), the Director, Land Records & Survey, Odisha (O.P. No.1) approved the proposal of the Collector, Puri (O.P. No.2) on dated 16.12.2019 (Annexure-3) in B.C.P. Record No.1 of 2018 and the O.P. No.1 sent the case record to the Collector, Puri (O.P. No.2) for taking follow up actions thereof, to which, the Collector, Puri (O.P. No.2) accepted as per Annexure-4.

When, the Petitioner along with other villagers of Bajrakote and Hamlet Kantabania came to know about the declaration of Hamlet Nuagaon of village Bajrakote as a separate revenue village as per order passed by the O.P. No.1 in B.C.P. Case No.1 of 2018 then, they protested against the same through representations vide Annexure-5 series before the Collector, Puri (O.P. No.2), which is s