ASHOK KUMAR KHUNTIA Vs. STATE OF ODISHA

JUDGEMENT

(1.) W.P.(C) no.8151 of 2023 and I.A. no.3990 of 2023 : Mr. Mishra, learned senior advocate appears on behalf of petitioner and submits, lease revision case no.1 of 2023 has been initiated under Sec. 7-A(3) of Odisha Government Land Settlement Act, 1962. On query from Court he submits, the lease was granted under lease principles in year 1972. There was a proceeding initiated under Sec. 3-B in year 2000. Now a different line of attack has been adopted by State, to try and resume his client's property.

(2.) He relies on judgment of the Supreme Court in Kishore Samrite v. State of UP reported in (2013) 2 SCC 398, paragraph-32 series, for law declared on abuse of the process.

(3.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, the writ petition should not be looked into. In furthering purported challenge, privileged communication between a functionary of State and the Advocate General has been wrongfully been obtained and relied upon. Without prejudice he submits, there was order dtd. 13/2/2023 made in contempt by the learned Single Judge, wherein stands recorded undertaking tendered on behalf of petitioner to appear and cooperate for timely disposal of the lease revision case. Inspite thereof and in violation of the rules of this Court, the writ petition does not disclose any document in respect of the lease revision case. Mr. Mishra hands up copy of counter-fail, signed by the Clerk-in-Charge on 15/2/2023 in Copy Application no. 31/15/2/2023