JYOTSNA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner is purchaser from original allottee. Lease of the allottee was cancelled. Petitioner had earlier moved this Court and the order of cancellation was set aside on the case restored to the authority. Petitioner thereafter filed another writ petition for expeditious disposal of the case.

(2.) Mr. Panda, learned advocate appears on behalf of petitioner and submits, by order dtd. 5/7/2014 the Additional District Magistrate disposed of the case cancelling the lease. He submits, said order has been challenged by this writ petition. None of the reasons given in the order can be maintained, rendering the order as perverse. He submits, there is no indication in the order for finding that inquiry was not made, when the allotment happened. On leave obtained, he files affidavit dtd. 7/2/2023 with copy to Mr. Rout, learned advocate, Additional Standing Counsel appearing on behalf of State.

(3.) He demonstrates from the affidavit, the Revenue Supervisor had found the land to bear kisam 'Chota Jungle'. The authority also found, inter alia, there was no valuable forest growth in the land and reservation proceedings had been completed in the village. Subsequent to the allotment there has since been correction of the RoR to record kisam of the land as 'Sarada-III'.