ORISSA HIGH COURT : CUTTACK
ANANDA CHANDRA BEHERA
Sabir Mohamad – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's request for application acceptance. (Para 1) |
| 2. representation of parties during the hearing. (Para 2) |
| 3. obligation of authority to accept applications. (Para 3) |
| 4. court directs acceptance of application. (Para 4 , 5) |
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 against the Opposite Parties praying for directing the Tahasildar, Sadar, Cuttack (Opp. Party No.2) for acceptance of his application under Section 8-A of the OLR Act, 1960 for conversion of the status of the case land, as, the Tahasildar, Sadar, Cuttack (Opp. Party No.2) did not accept his application for conversion.
2. Heard from the learned counsel for the Petitioner and the learned Standing Counsel for the Opposite Parties.
3. The law concerning the non-acceptance of any application by any Court or any Authority like the Tahasildar, Sadar, Cuttack (Opp. Party No.2) has already been clarified in the ratio of the following decisions:
(i) In a case between Moti Dei Vrs. Cuttack Bank Ltd. and others reported in AIR 1964 (Orissa) 185 in Para No.6 that, Once a party files an application all
Authorities cannot refuse to accept an application for legal redress without providing a hearing, to uphold an individual's right to seek justice.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
Procedural compliance is essential for land conversion requests, requiring registration under applicable rules for validation.
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