GANDHARBA BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through video conferencing mode.

(2.) The Petitioner in this writ petition seeks to assail the order dtd. 5/9/2013 (Annexure-1 series) passed by the Additional Sub-Collector, Bhubaneswar in Settlement Appeal No.1113 of 2013, whereby the order dtd. 15/7/2013 (Annexure-1 series) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Suo Motu Rent Objection Case No. 5551 of 2013 has been confirmed.

(3.) Mr. Behera, learned counsel for the Petitioner submits that the land in question was leased out in favour of one Kunja Bihari Tripathy in W.L. Case No.858 of 1968-69, who was ex-army personnel. Subsequently, resumption proceeding was initiated under Sec. 3-b of the Odisha Government Land Settlement Act, 1962 (for short 'the O.G.L.S. Act'), which was dropped pursuant to the order passed in Lease Revision Case No.323 of 2000. Said lessee Kunja Bihari Tripathy in order to meet his legal necessity, applied for permission in Revenue Misc. Case No.10 of 1989 to alienate the leasehold property and the Additional Tahasildar, Bhubaneswar vide his order dtd. 28/4/1989 holding that 10 years have been elapsed from the date of lease of the leasehold property, no permission under Sec. 6-A of the Odisha Land Reforms Act, 1960 (for short 'the O.L.R. Act') for transfer of the said property was necessary. After disposal of Revenue Misc. Case No.10 of 1989, said lessee Kunja Bihari Tripathy sold the case land to different persons and the petitioner is one amongst them. He further submits that during settlement operation, draft R.O.R. under Sec. 12 of the Orissa Survey and Settlement Act, 1958 (for short 'the Settlement Act') was published in the name of the Petitioner under Annexure-4 series. However, the Assistant Settlement Officer, Rental Colony, Bhubaneswar for the reason best known to him, initiated a suo motu proceeding in Suo Motu Rent Objection Case No. 5551 of 2013 and vide his order dtd. 15/7/2013 directed to record the land in Government Khata under 'Abadajogya Anabadi' status. The Petitioner being aggrieved, filed Settlement Appeal No.1113 of 2013, which was dismissed vide order dtd. 5/9/2013. Thus, the Petitioner has filed this writ petition assailing the said order under Annexure-1 series.