SK. ASIRUDDIN Vs. COLLECTOR, JAJPUR

JUDGEMENT

(1.) Heard Mr. Mandal, learned counsel for the petitioner and Mr. Mishra, learned Additional Standing Counsel for the State. In this writ petition, the petitioner has prayed to quash the order dated 31.12.2002 passed by the Collector, Jajpur-opposite party No. 1 in O.G.L.S. (Revision) No. 2/2001. He has also further prayed a direction be given to the opposite parties to accept the rent in Rehabilitation Lease No. 55 of 1995.

(2.) The grievance of the petitioner in brief is that opposite party No. 2 acquired his land for establishment of Steel Plant Project. In the year 1995 vide Rehabilitation Case No. 55/1995, the petitioner was rehabilitated Ac. 0.10 decimals of homestead land as per Land Acquisition package granted by the Government, Revenue Department letter No. 3963/R dated 24.01.1997. Accordingly, opposite party No. 3 issued R.O.R. in favour of the petitioner bearing Khatian No. 497/56, Thana No. 231 and Plot No. 462/2531 and so also Land Pass Book to him. Since then he was regularly paying rent to the Government but when opposite party No. 3 did not accept rent from him, he came to know that opposite party No. 3 has cancelled his Rehabilitation Lease in O.G.L.S. (Revision) Case No. 2 of 2001 on 31.12.2002.

(3.) Opposite party Nos. 1 and 2 have filed their counter affidavit. The petitioner has also filed rejoinder. In pursuance of the said rejoinder, opposite party No. 3 filed an affidavit stating therein that the petitioner is originally an inhabitant of village Dhamanagar of Dist-Bhadrak. He came to the village Khurunti for earning his livelihood few years before 1994. It is also stated in the affidavit that the First Survey to enumerate the land oustee families at village Khurunti was made in the year 1994. At that time the age of the petitioner was 24 years as ascertained from his Voter Identity Card and he was residing in the said village few years before 1994.