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Land can be sold without patta, rules Odisha High Court

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Odisha Sun Times Bureau
Cuttack, Oct 25:

In a decision that is set to change the way land is bought and sold in Odisha, the Odisha High Court has ruled that one can sell land even if he/she does not have the patta (records of rights) of the said land.

High Court

The historic judgment was delivered by Justice B K Patel of the Odisha High Court while disposing of an appeal made by petitioner Dhabala Prasad Pradhan yesterday.

It may be noted here that the Odisha government had imposed restrictions on sale of land in the state by persons not having patta for the land through Odisha Land Registration Act (Amendment)-2013. The new rules were implemented to avoid fraudulent sale and purchase of land.

Dhabala Prasad Pradhan was among the many people who had challenged the new Act in the High Court after failing to sell his land under the new rules.

In his petition, Pradhan had cited that he had purchased a piece of land from one Jadunath Behera, which the Sub Registrar’s office at Cuttack, on August 12, 2014, had refused to register citing the new law which made it mandatory for the seller to have the patta over the land.

Adjudicating on the matter, Justice B K Patel ruled that the amended Odisha Land Registration Act-2013 was violative of the provisions of Transfer of Property Act of the Government of India as well as Article 300 (A) of the Constitution of India.

Justice Patel further clarified that the old Act of the Odisha government on sale of land will prevail.

While several cases were filed challenging the restrictions imposed on the sale of lands under the new Act, the court had sought a reply from the state government in the matter. A PIL was also filed in the High Court in this regard.