CHANDRADHOJA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) Both the appeals are directed against two separate but identical orders dated 13.05.2009 passed by the High Court of Orissa whereby the High Court has held that no legal or valid right has accrued to the two appellants under the lease(s) granted in respect of two separate areas of land as claimed by them. As the facts of the two cases are identical, for brevity, reference to the facts in the appeal arising out of S.L.P. (C) No.14618 of 2009 [Chandradhoja Dahu versus State of Orissa and others] would suffice. Similarly, reference to the appellants, hereinafter, is being made in the singular for purpose of clarity.

(3.) The appellant had instituted a writ petition (W.P.(C) No. 337/2008) before the High Court of Orissa contending that sometime in the year 1979 he, as a landless person, had applied for grant of a lease of government wasteland. On the basis of the aforesaid application W.L. Case No. 71/1979 was registered in the file of the Tehsildar, Bhubaneswar. Notices were duly issued and served and the report of the Amin was called for and considered by the Tehsildar. Thereafter an order dated 26.3.1979 was passed settling the land mentioned below in favour of the appellant for agricultural purposes with the liability to pay rent as a "bagayatdui":