GADADHARA DASH Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) IN this writ application the Petitioners have challenged the action of Opp. Party No. 1 -Executive Officer, Debottar, Dhenkanal in leasing out the properties belonging to the deity Sri Trutiya Dev Jew Bije Baulpurpatna towards Sanja rent for the year 1994 -95.

(2.) THE facts as narrated in this writ application are as follows:

(3.) HOWEVER , the Petitioners filed an application Under Section 15(7) of the O.L.R. Act before the Tahasildar, Dhenkanal challenging the notice issued by Opp. Party No. 1 to give Sanja at an enhanced rate violating the earlier order passed by the authority in OLR Case No. 1 of 1992 to pay the Sanja at the old prevailing rate. In the said application, on 21.9.1992 the authority directed the present Opp. Party No. 1 not to interfere with the possession of the tenant till the dispute is decided. However, in utter violation of all the above directions of the authorities, when the Opp. Party No. 1 contemplated to lease out the Sanja tenancy by way of public auction & deprive the Petitioners from cultivating the land of the deity, the Petitioners challenged the overt act of Opp. Party No. 1 in this present writ application.