RAJNI KANTA SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Samantaray, learned advocate appears on behalf of petitioners and submits, his clients purchased the land upon prior permission obtained under sec. 22(1)(b) and (4) in Orissa Land Reforms Act, 1960 on order dtd. 30/6/1980 in Revenue Misc. Case no.26 of 1980 and further obtained permission under sec. 6-A on order dtd. 7/7/1980 in Misc. Case no.55 of 1980.

(2.) His client has challenged order dtd. 14/1/2002 of the Additional Tahasildar in directing resumption of the land. He submits, the resumption proceeding was commenced purportedly relying on judgment dtd. 29/1/1996 of a Division Bench of this Court in Sarata Kumar Sahoo v. Additional District Magistrate. He relies on a later Division Bench judgment dtd. 12/1/2002 in Uttama v. State, reported in 2008 (1) CLR-169. He submits, the latter judgment clearly said that this Court per se did not authorize the Additional Tahasildar, Bhubaneswar to initiate proceeding under sec. 3B of the Act in all lease cases.

(3.) Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and draws attention to impugned order. He submits, there is clear recital regarding authority for commencing the case. Following from impugned order is reproduced below.