LAWS(ORI)-2023-1-21

BIDYADHAR DASH Vs. STATE OF ODISHA

Decided On January 10, 2023
Bidyadhar Dash Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Mr. Dash, learned advocate appears on behalf of petitioner and submits, impugned is order dtd. 30/6/1998 in Lease Revision Case no.597 of 1998, initiated suo motu. The order was passed by the Additional District Magistrate under sec. 7A(3) of then Orissa Government Land Settlement Act, 1962. He draws attention to second proviso under sub-sec. (3), which says that no proceeding under the sec. shall be initiated after expiry of 14 years from date of the order. He demonstrates from impugned order itself that the case was registered in year, 1998 suo motu against order dtd. 15/9/1975, passed more than 14 years before.

(2.) Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, inter alia, the sec. has undergone amendments.

(3.) On perusal of present sec. 7-A we find same underwent amendments by Orissa Act no.38 of 1976, Orissa Act no.18 of 1981 and Odisha Act no.26 of 2013. Parties are to produce those amending Acts on adjourned date, for further hearing and adjudication of the writ petition.