BATA KRUSHNA NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as learned Government Advocate.

(2.) This writ petition has been filed challenging the order dated 28.7.1998 passed by the Additional District Magistrate, Khurda in Leave Revision Case No. 852 of 1998 in exercise of power under Section 7-A(3) of the Orissa Government Land Settlement Act, 1962 in setting aside the lease granted by the Tahasildar, Bhubaneswar in favour of one Ramesh Chandra Behera, in respect of a piece of land measuring an area of Ac.1.500 situated over plot No. 647, Khata No. 420 in village Pathargadia in W.L. Case No. 1668 of 1974 and settled in his favour.

(3.) Case of the petitioner is that the aforesaid Ramesh Chandra Behera in order to meet his legal necessity sold an area of A.O.092 out of the aforesaid area of Ac.1.500 in his favour by virtue of a registered sale deed on 16.5.1983 under Annexure-3 and delivered possession to him. It is further case of the petitioner that after purchasing the said land, he is in peaceful possession of the.same. According to the petitioner, he had no knowledge about cancellation of lease of the land in question granted in favour of the petitioner's vendor - Ramesh Chandra Behera by the Additional District Magistrate, Bhubaneswar.