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IN THE HIGH COURT OF ORISSA AT CUTTACK
SANJEEB K PANIGRAHI
Md. Hasam Khan – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. historical land grants and occupation. (Para 3) |
| 2. claims to recognition of land rights. (Para 4 , 5) |
| 3. court's focus on rights under specific legislation. (Para 6 , 7 , 8) |
| 4. procedural requirements outlined by statute. (Para 9 , 10 , 11 , 12) |
| 5. proof of eligibility under forest rights laws. (Para 13 , 14 , 15) |
| 6. validity of proceedings despite alleged procedural lapses. (Para 16 , 17 , 18 , 19) |
| 7. doctrine of exhaustion of alternative remedies. (Para 20 , 21 , 22) |
| 8. recognition of historical rights versus post-2005 claims. (Para 23 , 24) |
| 9. final statements on dismissal of the petition. (Para 25 , 26 , 27 , 28) |
Judgment :
Dr. Sanjeeb K Panigrahi, J.
1. Since common questions of fact and law are involved in the above-mentioned writ petitions, those were heard together and are being disposed of by this common judgment. However, this Court deems it appropriate to treat W.P.(C) No. 14868 of 2022 as the lead case for thepurpose of adjudication.
2. The petitioners in the present Writ Petition have challenged the order/notice dated 06.06.2019 issued by the Sub-Collector, Malkangiri, purportedly under Rule 12(a)(3) and Rule 10 of the Scheduled Tribes and Other Traditional Fore
The failure to substantiate eligibility as traditional forest dwellers, alongside non-compliance with procedural mandates, precluded any enforceable rights under the relevant forest rights legislatio....
cow-herding - Claim of rights in land - a person who has for the last three generations resided in the forest land and depend on the forest for their bonafide livelihood needs - a person who has for ....
Settlement of forest land is void without prior Central approval under the Forest (Conservation) Act; a jurisdictional error does not validate an illegal title.
Notice under Section 35(3) IFA for MPFA vesting must be by authorised officer, served on true owner pre- or proximately to appointed day; invalid notice fails strict compliance, preventing land class....
Point of law: when a party approaches a High Court, he must place all the facts before the court without any reservation. If there is suppression of material facts on the part of the applicant or twi....
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