JUDGEMENT

M URAHARI S RI R AMAN , J. — T HE ACTION OF OPPOSITE PARTIES CHALLENGED :

Invoking provisions of Articles 226 and 227 of the Constitution of India, the petitioners, while questioning the inaction of the opposite parties-authorities in providing Ac.5.00 dec. of land in favour of the petitioners, which property is claimed to have been allotted in favour of the deceased father of the petitioners in 1995 in terms of Home Department Letter No.28888, dated 01.12.1966 as clarified by Home Department Letter No.66414, dated 26.09.1991, prayed for grant of the following relief(s):

“It is, therefore, prayed that this Hon’ble Court may graciously be pleased to admit this writ application, issue Rule NISI in the nature of writ of mandamus/other writs calling upon the opposite parties to show cause as to why they shall not be directed to handover possession of Ac.5.00 dec. of land in favour of the petitioners in Puri, Tahasil which was allotted in favour of their deceased father Prasanna Kumar Das after identifying and demarcating the same within a period fixed by this Hon’ble Court and get the same mutated and recorded in favour of the petitioners;

And if the opposite parties fail to show cause or show insufficient the said rule be made absolute and direct the opposite party authorities to handover possession of Ac.5.00 dec. of land in favour of the petitioners in Puri, Tahasil which was allotted in favour of their deceased father Prasanna Kumar Das after identifying and demarcating the same within a period fixed by this Hon’ble Court and get the same mutated and recorded in favour of the petitioners;

And further be pleased to pass any other order(s), direction(s), writ(s) and deem fit and proper;

And for this act of kindness the petitioners shall as in duty bound ever pray.”

T HE BACKDROP OF THE PRESENT PROCEEDING :

2. The facts, as adumbrated by the petitioners leading to filing of the present writ application, are stated briefly infra.

2.1. For the Army personnel the Government of India prepared a scheme to grant lease of land to the Ex-

Military personnel and to the family of those jawans who sacrificed their lives in wars.

2.2. Prasanna Kumar Das, the father of the present petitioners, an Indian Navy personnel having joined in defence service in Navy, was deployed in sensitive areas and took part in the wars.

2.3. Prasanna Kumar Das, being an Ex-Military personnel and being eligible to get Ac.5.00 dec. of land as per Home Department Letter No. 28888, dated 01.12.1966, made an application before the Collector for allotment of the Ac.5.00 dec. of land, which was forwarded to the Tahsildar, Puri, which got registered as Lease Case No. 7 of 1988. Said application of Prasanna Kumar Das, registered as a lease case, was kept pending for a long time and no step was taken by the authorities for allotment of the land. Therefore, Prasanna Kumar Das again made another application on 03.08.1991 before the Home Department, Government of Odisha. The Under Secretary to Government of Odisha in Home Department after considering the said application intimated the Collector, Puri that the applicant-

Prasanna Kumar Das has been declared eligible for benefit under the Home Department Letter No. 28888, dated 01.12.1966 and consequently, directed to take steps for allotment of land in favour of the applicant, if not already done, without any further delay vide Letter dated 26.09.1991.

2.4. On receipt of the Letter dated 26.09.1991, the Tahasildar, Puri without conducting any enquiry and without verifying the documents dropped Lease Case No. 7 of 1988 vide Order dated 03.03.1991 with a finding that said Prasanna Kumar Das is not eligible to get the benefit of the Home Department Circular and not entitled to the land. Thus on a review application of Prasanna Kumar Das, the Tahasildar dismissed the same vide Order dated 06.02.1992.

2.5. Prasanna Kumar