p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.1189 of 2025 Banamali Khamari …. Petitioner Mr. J. Behera, Advocate -versus- The Collector, Balangir and others …. Opp. Parties Mrs. Suman Pattanayak, AGA CORAM: JUSTICE M.S. SAHOO ORDER 21.02.2025 Order No. Hybrid Mode 03. 1. Heard learned counsel for the petitioner. 2. Learned counsel for the petitioner refers to the orders dated 09.06.2024 and 01.07.2024 passed by the appropriate authority in OLR Case No.379 of 2024. It is submitted that from the order it is evident that the conversion of the nature of land from agriculture to non-agricultural purpose i.e. ‘Gharabari’ was allowed under Section 8-A (I) read with rule U/R. 12-A(2)(9) by order dated 09.06.2024. On 01.07.2024, the authority rejected the OLR Case on the ground that the applicant failed to pay the premium amount within due date. It is submitted that due to paucity of resources the petitioner could not deposit the amount and sympathetic view may be taken. 3. As directed by this Court the learned Additional Government Advocate has obtained instruction and p. 2 p. 2 counter has been filed by opposite party no.2- Tahasildar, Belpara, wherein the following has been stated: “2. That the petitioner in the aforesaid writ petition challenging the illegal and arbitrary action of the OPP. Parties/Revenue Authorities as the Tahasildar, Belpara (OP No.2) vide order dated 01.07.2024 pleased to reject the OLR Case bearing Case No.379/2024 filed by the present petitioner under Section 8A (I) of the OLR Act, 1960 read with Rules 1A (I) of OLR (Gen) Rules, 1965 for conversion of schedule agricultural land into non-agricultural land pertaining to Khata No.54/564, Plot No.491/1416/1584, Area Ac. 0.2300 dec. of Mouza-Jamjuri, P.S.-Belpada of Dist-Bolnagir without proper demand notice to the petitioner to deposit premium, rent cess etc. as calculated. xxx xxx xxx xxx 6. That in reply to the averments made in Para-7 of the writ petition, it is humbly submitted that the premium demand notice to the petitioner was generated on dated 09.06.2024 to deposit the premium within stipulated time. Even if the premium demand notice could not be served to the petitioner. As per Para 83A of the Odisha Mutation Manual 1962, message was sent to the applicant’s registered mobile number with a time limit of paying premium amount which the petitioner could not comply. 7. That in reply to the averments made in Para-8 of the writ petition, it is respectfully submitted that the information of paying premium was communicated to the petitioner through mobile No.8093651910, which was submitted at the time of filing of his application. But it is a fact that the Tahasildar, Belpada rejected the said case on 01.07.2024 on the ground of failure of premium payment within the stipulated time period. p. 3 p. 3 It is respectfully submitted that the premium demand notice was generated on 09.06.2024 and the same was communicated though SMS to the registered mobile number of the petitioner with a message that ‘your case for conversion of land is allowed. Please visit the portal and pay conversion fee on or before 13.06.2024.’ 4. It is submitted by the learned counsel for the petitioner that as stated in the counter affidavit, the order for depositing the amount as determined was communicated by SMS through the registered mobile number of the petitioner. In likelihood the petitioner has not received/did not mark the message and thereby defaulted in payment. 5. The learned AGA referring to the counter submits that the authorities were diligent enough to communicate the order. The petitioner defaulted in depositing the amount. 6. Having heard the learned counsel for the petitioner and the learned AGA, it is directed that the petitioner shall deposit the amount determined as indicated in page-8 (Annexure-1) R.I. Report as well as page-11 (Annexure-2) the amount of ₹ 7021/- with up-to-date fees if any till date of payment within a period of four weeks before the appropriate authority by following due procedure. On deposit of the amount the order dated 09.06.2024 shall be given effect to directing conversion of the ‘Kissam’ of land U/S. 8-A (I) r/w R.12-A (2) (9). This Court records its appreciation for the response of the State particularly the fair stand to p. 4 p. 4 extend the time for deposit. The authority shall act on production of certified copy of this order/website copy to be produced by the petitioner by 28.02.2025. 7. The writ petition is disposed of. (M.S. Sahoo) Judge jyostna