caselaws.org
Supreme Court of India
State Of Orrisa vs Premalata Mohapatra (Dead) Thr. … on 29 October, 2021Author: Hemant Gupta
Bench: Hemant Gupta, V. Ramasubramanian
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6534-6535 OF 2021
STATE OF ORISSA & ORS. …..APPELLANT(S)
VERSUS
PREMALATA MOHAPATRA (DEAD) THROUGH
LRS. …..RESPONDENT(S)
JUDGMENT
HEMANT GUPTA, J.
1. The challenge in the present appeals is to an order passed by the High
Court of Orissa on 12.4.2016 directing the Collector and the Tehsildar,
respondent Nos. 2 and 3 before the High Court (appellants herein) to
demarcate the land of 5 acres in respect of the lease case initiated in the
year 1967 and to handover the possession of the said land preferably
within a period of four weeks.
2. The said order arises out of the fact that the husband of the respondent
Shri Umesh Chandra Mohapatra was working with the Indian Army. The
claim of his wife1, now deceased, was that keeping in view service
Signature Not Verified
Digitally signed by
Indu Marwah
rendered by her husband to the nation, each person who returned from
Date: 2021.11.13
13:27:05 IST
Reason:
1 Hereinafter referred to as the ‘writ petitioner’
1
the forward area during the war time is entitled to 5 acres of land as per
the Government Resolution dated 14.5.1963. The husband of the
respondent is said to have made an application in the year 1967. It was
on 7.7.1969, vide another resolution, the State Government modified the
earlier resolution dated 14.5.1963. It was clarified therein that the
concession facilities would be provided to only those personnel who had
served in the forward areas during 26.10.1962 to 31.1.1964 and on
production of a certificate from the Unit Command confirming such
service. Still later, another resolution was passed on 10.3.2014, whereby
the policy of allocating land was modified and instead monetary grant as
mentioned in Annexure 1 of the said Circular was contemplated. The
relevant extract from the three policies read thus:
“No.11323/Poll
3S-29/63
Dated: Bhubaneswar the 14th May, 1963
In view of the present crisis due to external aggression the
Government look forward to the Jawans of the State to proceed to
forward areas to defend our country against the enemy’s attack and
to protect the lift and property of the peace loving people of the
country. It is very encouraging that a large number of people from
all walks of life not only have been volunteering for service but also
have been contributing considerably in cash and kind for the
purpose.
xxx xxx xxx
Concessions
xxx xxx xxx
(d) Each person on return will get 5 acre of land free and made
ready for cultivation of Government cost. In case a person is killed
the widow and the dependants will receive the land.
xxx xxx xxx
2
No. 20827/Poll
Dated: Bhubaneswar the 7th July, 1969
……On a review of the progress of implementation of the above
resolutions it has been found necessary to lay down specific
principles for extending such facilities with a view to avoid mis-
conception in this regard and to ensure that such facilities are
provided to personnel for whom these are intended. On a careful
consideration of all the relative aspects having a bearing on this
matter, the State Govt. have, therefore, been pleased to decide as
follows:
(a) The concessions by way of assignment of land, medical
facilities and educational facilities contemplated under the
above resolutions will be available only to such personnel
who have served in the forward areas during the period from
26.10.1962 to 31.01.1964. For this purpose, the personnel
seeking such concessions will be required to produce a
certificate from the Unit Command that he actually served
during the above period in a forward area.”
xxx xxx xxx
No. 7390-Polls/2-04/2013-Poll.
The 19th February 2014
…As per the decisions communicated in Home Department
Resolutions of 1963, 1964 and 1969, Government agricultural land
up to 5 acres are being given under Government Grants Act, 1895
to Jawans who served in forward areas during China aggression from
the 26th October, 1962 to the 31st January, 1964. Subsequently, on
the request of Home Department agricultural land up to one
standard acres in favour of landless ex-servicemen and landless
Gallantry and Non-Gallantry awards winner Defence personnel up to
Non-Commissioned Officer rank under the said Act vide G.O.
No.19513, dated the 16th April 1998 and No.40743, dated the 11th
August 1998. While making such provision for grant of land,
Revenue & Excise Department in the aforesaid letters had
requested Home Department for award of Monetary grant in lieu of
land in favour of Gallantry award winner and Non-Gallantry award
winner Defence personnel, if land is not available. The Home
Department after taking into consideration the aforesaid views of
Revenue Department issued a Resolution bearing No. 25219, dated
the 30th May 2003 wherein provision of monetary grant in lieu of
land was made in favour of Gallantry award winner Defence
personnel. The provision of monetary grant in lieu of land was made
3
due to the reason that it was becoming difficult to allot agricultural
land due to paucity of land.
xxx xxx xxx
3. Therefore, in suppression of all previous
Resolution/instructions issued by Home Department in this regard
from time to time, Government, after careful consideration have
been pleased to decide that monetary grant in lieu of agricultural
land shall be given to the eligible Jawans who served in the forward
areas during the period from the 26 th October, 1962 to 31st January,
1964 and landless ex-servicemen. The amount of monetary grant in
lieu of agricultural land in each case shall be as indicated in column
3 of Annexure-I.”
3. Shri Umesh Chandra Mohapatra died on 20.3.1973. It was in 2007 that a
writ petition was filed by the writ petitioner bearing Writ Petition No. 6133
of 2007. The High Court noted in its order dated 18.3.2010 that the
parties were not presenting correct facts and were suppressing vital
details. The Superintendent of Police, Cuttack by way of an interim order
was directed to conduct an inquiry as to whether, in fact, 5 acres of land
was leased in favour of the writ petitioner and as to whether the patta
issued was genuine. On the basis of an inquiry, the High Court noticed
that the writ petitioner had actually filed the application in the year 1967
but no order had been passed by the Tehsildar, Cuttack since then.
Therefore, the direction was issued to Tehsildar to dispose of the lease
case filed by the writ petitioner within a period of six months. The
Superintendent of Police was directed to continue with the investigation
and if it satisfied that the writ petitioner or any other person had
committed or manipulated the documents, necessary FIR was to be
lodged against the erring person before the appropriate Court. An
application was filed for modification of the order dated 18.3.2010 in Writ
Petition (C) No. 6133 of 2007 whereby Tehsildar, Dompara was directed to
4
comply with the order on 17.2.2012.
4. The writ petitioner filed an application for settlement of land on 17.6.2011
on the ground of participation of her husband in Indo-China War. It is
thereafter, an order was passed by Tehsildar, Barang to allot the land
measuring 5 acres. Another order was passed by Tehsildar on 3.9.2012
that the writ petitioner had not submitted the eligibility certificate issued
from Home Department or State Sainik Board and that she had only
enclosed an inquiry report submitted by Superintendent of Police,
Vigilance in the Writ Petition No. 6133 of 2007. It was further mentioned
that only the Government was competent to consider the settlement of
land in favour of personnel of the Armed Forces. The file was thus
submitted to the Sub-Collector for onward transmission to the Collector.
5. The State Government on 24.7.2013 rejected the lease application of the
writ petitioner with the stipulation that the lease case would be reopened
for consideration after the report of the Superintendent of Police,
Vigilance, Cuttack.
6. The inquiry as ordered by the High Court was completed by the Deputy
Superintendent of Police wherein action was recommended against the
Ex-Collector, Cuttack, Tehsildar Tangi Choudwar and Tehsildar Sadar
Cuttack for not attending to the genuine grievance of the writ petitioner
and the callous attitude of the authorities towards her applications and for
filing false and incorrect affidavits in the High Court. The relevant extract
of the report reads as thus:
“ENQUIRY REPORT
5
File No. & Date 10 dated 5.2.09 (Re-opened dt
25.5.10)
xxx xxx xxx
On perusal of discharge certificate issued by the Record
Office, ASC Records (MT) Bangalore, it appears that No.6581649,
Late Sep Umesh Chandra Mohapatra was enrolled in Army on
20.11.1951 and discharged on 2.1.1967 from reserve service on
completion of terms of engagement. Further, in Col. 6 of the said
Discharge Certificate there is no mention about any field service
rendered by the deceased Ex-Servicemen Service rendered in
forward areas during the period from 26.10.1962 to 31.01.1964 by
the Ex-Servicemen can be correctly ascertained from the Officer-in-
Charge records, ASC (MT), Bangalore. Without forward area/war
service particulars during the above period, the circumstances
under which Smt. Premlata Mohapatra was issued with two pattas
both dated 20.1.75 for allotment of Ac.4.90 dec for agriculture and
Ac.0.10.dec for homestead purpose by the Tahasildar, Cuttack,
particularly after the death her husband i.e. on 20.3.1973, was not
known to the Rajya Sainik Board, Orissa. Allotment of such land and
issue of Pattas to Smt. Mohapatra has also not been communicated
to the Rajya Sainik Board, Orissa by the Tahasildar, Cuttack.
Therefore, the authenticity of both the allotment of Pattas issued to
Smt. Premlata Mohapatra can be verified and ascertained from the
Tahasildar Sadar, Cuttack.
xxx xxx xxx
On requisition to the Sena Seva Corporations Abhilekh
(Dakshin), ASC Records (South) Bangalore-560007, reply vide letter
No.6581649/SR/LCC-3/NER dt. 22.6.2009 from CGO, Asst, Record
Officer (for OIC Records) has been received on the following points:
(a) Date of enrolment – 07 Dec 1943
(b) Date of discharge – 02 Jan 1967 (AN)
(c) War service – 07 Dec 1943 to 15 Aug 1946
(d) Field Service – 27 Feb 1955 to 17 Dec 1956
(e) Character – Exemplary
xxx xxx xxx
Under the above circumstances, orders may kindly be passed for
such action against both the opposite parties i.e. Ex-Collector
Cuttack, Tahasildar Tangi Choudwar and also Tahasildar Sadar,
Cuttack for not attending to the genuine grievance of the petitioner
and callous attitude towards her applications in spite of her
repeated approach and filing false and incorrect affidavits in the
Hon’ble High Court and orders may kindly be passed for closure of
6
the enquiry.”
7. The writ petitioner filed another Writ Petition (C) No. 19536 of 2013 to
challenge the order dated 24.7.2013. The present impugned order has
been passed in the said writ petition.
8. It may be noticed that the Government resolution dated 14.5.1963 was in
respect of allotment of land to those personnel belonging to the State who
had proceeded to forward areas to defend the country against enemy’s
attack. The said aspect was clarified in the subsequent Government
resolution on 7.7.1969 wherein it was provided that personnel who have
served in the forward areas during the period from 26.10.1962 to
31.1.1964 would be considered eligible, provided a certificate from the
Unit Command that he actually served during the abovesaid period in a
forward area is furnished.
9. However, none of the authorities examined the said fact as to whether the
deceased had worked in the forward area, though in the inquiry report the
statement of the writ petitioner has been recorded that the war service
was from 7.12.1943 to 15.8.1956 and the field service was from 27.2.1955
to 17.12.1956. It was also noticed that there is no mention of any field
service rendered by the deceased in the discharge certificate from
26.10.1962 to 31.01.1964. No certificate from the Unit Command was
produced that the deceased had worked in the forward area during the
relevant period. Before this Court, the legal heir of the writ petitioner filed
information obtained under the Right to Information Act, 2005 on
7.8.2009, which is as under:
“
7
xx xx xx
(b) Service particulars of the deceased soldier is as under:-
(i) Date of Enrolment – 07 Dec 1943
in Pioneer Corps
(ii) Date of discharge – 21 Jan 1948
(Released)
(iii) Re-enrolled in ASC – 20 Nov 1951
Corps
(iv) Transfer to Reserve – 11 Mar 1957
(v) Finally Discharged – 02 Jan 1967
from Reserve
(vi) Cause of discharge – Discharged from
reserve service on
completion of terms
of engagement under
Army Rule 13(1)(i).
(vii) War Service with – 07 Dec 1943 to 15
ASC Aug 1946 (Singapore)
(viii) Field Service with – 27 Feb 55 to 17 Dec
ASC 56
(ix) Character – Exemplary
(x) Medal – War Medal 1939-45
Star Burma Star
Independence Medal.
”
10. In subsequent information obtained under the Right to Information Act,
2005 received on 23.11.2009, it was inter alia stated as under:
“(c) Deployment for the period from 20 Oct 1962 to 31 Jan
1964. As per service record held in this office, the details of
posting during the year 1962 to 1964 as under:
(i) No entry made in sheet roll regarding deployment from 20 Oct
1962 to 14 Nov 1962. He was transferred to reserve on 15 Nov
1962 and recalled with effect from 28 Feb 1963. In this connection,
a photocopy of Central Water & Power Commission, Godavari
Gauging Division letter No. GGD/CB-3/6928 dated 06 Nov 1966 and
MT Wing & Records, Aurangabad letter No. 6581649/69/RES dt. 24
Nov 1965 are enclosed.
(ii) 28 Feb 1963 to 15 Apr 1963 at Adm Bn, ASO Centre (South)
(taken on supernumerary strength).
(iii) 16 Apr 1963 to 08 Feb 1964 at 693 Amb Platoon ASC.
(iv) 09 Feb 1964 to 20 Oct 1964 at MT Depot Wing, Aurangabad.”
8
11. From the perusal of the information furnished to the writ petitioner under
the Right to Information Act, 2005, the deceased has not worked in the
forward area during the relevant period from 1962 to 1964. He
discharged field service from 27.2.1955 to 17.12.1956. As per the
subsequent information, he was transferred to reserve on 15.11.1962 and
recalled w.e.f. 28.2.1963. Thus, he was not deputed in the forward area
during the relevant specified period. Thus, the deceased husband of writ
petitioner did not satisfy the basic requirement of having served the
nation during the period of aggression from 1962 to 1964. The entire
claim is based upon misleading assertions to which the officers of the
State Government also provided a helping hand. Therefore, the
contentions of the writ petitioner are not sustainable for the reason that
the deceased had never worked in the forward area during the specified
time period.
12. In view thereof, the order passed by the High Court is hereby set aside.
Consequently, the appeals are allowed and the writ petition is dismissed.
………………………………………J.
(HEMANT GUPTA)
………………………………………J.
(V. RAMASUBRAMANIAN)
NEW DELHI;
OCTOBER 29, 2021.
9
ITEM NO.1 Court 11 (Video Conferencing) SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 6534-6535/2021
STATE OF ORISSA & ORS. Appellant(s)
VERSUS
PREMALATA MOHAPATRA (DEAD) THR. LRS. Respondent(s)
Date : 12.11.2021 These matters were called on for hearing on
29.10.2021 and the Non-Reportable Judgment is
being uploaded today.
CORAM : HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Appellant(s) Mr. P. S. Patwalia, Sr. Adv.
Mr. Som Raj Choudhury, AOR
Ms. Shrutee Aradhana, Adv.
For Respondent(s) Mr. Kedar Nath Tripathy, AOR
Mr. Vikas Singh Jangra, AOR
The Court made the following
O R D E R
On 29.10.2021, the following order was passed :-
“Heard the learned counsel appearing for the parties.
Leave granted.
The appeals are allowed.
Reasons to follow.”
Delay condoned.
The Non-Reportable Judgment is being uploaded today and is
placed on the file.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
COURT MASTER COURT MASTER
(Signed Non-Reportable Judgment is placed on the file)
10
ITEM NO.1 Court 11 (Video Conferencing) SECTION XI-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 6534-6535/2021
STATE OF ORISSA & ORS. Appellant(s)
VERSUS
PREMALATA MOHAPATRA (DEAD) THR. LRS. Respondent(s)
(IA No. 1/2017 – CONDONATION OF DELAY IN FILING)
(IA No. 108895/2018 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/
FACTS/ANNEXURES)
Date : 29-10-2021 These matters were called on for hearing today.
CORAM : HON’BLE MR. JUSTICE HEMANT GUPTA
HON’BLE MR. JUSTICE V. RAMASUBRAMANIAN
For Appellant(s) Mr. P. S. Patwalia, Sr. Adv.
Mr. Som Raj Choudhury, AOR
Ms. Shrutee Aradhana, Adv.
For Respondent(s) Mr. Kedar Nath Tripathy, AOR
Mr. Vikas Singh Jangra, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard the learned counsel appearing for the parties.
Leave granted.
The appeals are allowed.
Reasons to follow.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR)
COURT MASTER COURT MASTER
11
Comments