BASANTI KUMARI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India for the quashing of the decision of the Board of Revenue dated 14 -7 -1981 as per Annexure -6 rendered in O. E. A. Revision Case No. 31 of 1978, by way of judicial review in exercise of our certiorari jurisdiction.

(2.) LORD Lingaraj Mahaprabhu, opp. party No. 3; was the intermediary of the disputed property - -115 decimals in extent appertaining to plot No. 2223, under Khata No. 1 of mouza Bhubaneswar. The petitioner made an application for grant of permanent lease. The Trust Board of opp. party No. 3 decided to grant the lease and fixed the salami and rent payable. The petitioner paid Rs. 1200/ - on 25 -11 -1972. She paid rent and ownership certificate was granted to her on 24 -3 -1973. See has alleged that by acceptance of rent, she acquired tenancy right in respect of the property and upon the vesting of the estate with effect from 18 -3 -1974 by operation of law, she held the land as a tenant under the State. Pursuant to the grant of ownership certificate to her in the year 1973, she had constructed a compound wall around the land and constructed two rooms over it.

(3.) IN course of hearing of the matter, it was contended that the holding in Premananda Das v. State of Orissa and Ors., 67 (1989) CLT 548, was in conflict with an earlier Bench decision of this Court in the case of Motwali Ek. Kausar and Anr. v. State of Orissa and Ors., 63 (1987) CLT 526 and was contrary to the principle decided by two Full Benches of this Court in the case of Krupasindhu Misra v. Govinda Chandra Misra and Ors. 50 (1984) CLT 393 F.B. and Radhamani Dibya and Ors. v. Braja Mohan Biswal and Ors., *57(1984) CLT 1 (F.B.). With a view to resolving the conflict, if there be any, the matter was referred to a larger Bench and that is how the matter has come before us.