The absence of a legal entitlement to land does not require issuance of notice prior to administrative action, affirming the authority exercised by revenue officials under valid direction.

JUDGMENT :

Sanjeeb K Panigrahi, J.

1. The Petitioner has filed the present Writ Petition assailing the impugned order dated 28.12.2005 passed by the Tahasildar-cum- Executive Magistrate, Binika in Revenue Misc. Case No.122 of 2005.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) The Petitioner is a Cooperative Society registered under the Odisha Cooperative Societies Act, 1962, and has been functioning at Binika for several decades.

(ii) The case land consists of seven plots under Consolidation Khata No. 905, which have been recorded in the name of the Cooperative Department, while the ROR stands in the name of the Petitioner– Cooperative Society.

(iii) Out of the aforesaid plots, Plot Nos. 742, 745, and 759 are being utilized by the Petitioner–Society for its office and godown, while Plot No. 746 has been allotted to a school pursuant to a resolution of the Society. The remaining plots are being used for other purposes connected with the activities of the Society. A building has been constructed over Plot No. 745 by the Petitioner–Society after availing a loan from the Government and incurring substantial expenditure.

(iv) Certain plots, which were earlier recorded as agricultural land, have been converted to homestead with the permission of the Tahasildar, in accordance with the order passed in Case No. 6 of 2004 under Section 8 -A of the Odisha Land Reforms Act, as reflected in Form No. 29.

(v) While the matter stood thus, the Petitioner came to learn that certain proceedings had been initiated by the Tahasildar, Binika in respect of the disputed land. However, the then Tahasildar did not disclose the nature or details of the said proceedings, including the case number or any order passed therein.

(vi) Subsequently, due to various allegations, the said Tahasildar was transferred. Thereafter, upon inquiry before his successor, the Petitioner came to know that Revenue Misc. Case No. 122 of 2005 had been initiated, and in that case, an order had been passed directing modification of the Record of Rights. By the said order, it was directed that, in place of the Cooperative Department, Consolidation Khata No. 905 be recorded under the Rakhit Khata of the Government. It was further directed that Plot No. 742 be recorded in the name of the Forest Department, Plot No. 745 in the name of Binika Primary School, Plot No. 759 in the name of the Petitioner–Society, and the remaining plots under the Rakhit Khata.

(vii) The Petitioner, being aggrieved by the said order, as the same was passed without issuance of any notice to him and without affording an opportunity of hearing, has filed the present Writ Petition challenging the impugned order and the proceeding in Revenue Misc. Case No. 122 of 2005.

II. SUBMISSIONS ON BEHALF OF THE PETITIONER:

3. Learned counsel for the Petitioner earnestly made the following submissions in support of his contentions:

(i) The Petitioner submitted that it was a Cooperative Society registered under the Odisha Cooperative Societies Act, 1962, and that the cause of action had arisen within the territorial jurisdiction of this Court, thereby entitling it to file the present Writ Petition.

(ii) The Petitioner submitted that the then Tahasildar, Binika had not disclosed the nature or particulars of the proceeding, including the case number or any order passed therein. It was further submitted that, owing to various