JANAKI RAY BAGEL BABU Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Bhuyan, learned advocate appears on behalf of petitioner and submits, his client is a widow. Originally there was lease granted in respect of the land, under Odisha State Urban Land Settlement Rules, 1959. The lessee obtained permission to mortgage the land to Odisha State Financial Corporation (OSFC). The lessee could not repay the mortgage debt. There was foreclosure and transfer of the lease hold right to husband of his client.

(2.) There stands a dilapidated structure on the land, which was a hotel made by original lessee. His client being unable to repair the structure, had by representation dtd. 8/2/2021 sought permission to transfer the lease hold right. Impugned order dtd. 28/6/2022 was made by Additional District Magistrate threatening resumption unless the lease land is made suitable for house site within three months from date of receipt of it. He submits further, the resumption has been threatened under clause (a) in sub-sec. (1) of Sec. 3 in Odisha Government Land Settlement Act, 1962. The provision is inapplicable to the lease.

(3.) On query from Court he submits, the lease was by indenture dtd. 20/2/1984, in supersession of lease dtd. 28/5/1983. Condition nos. 4, 5 and 6, referred in impugned order, appear therein. He reiterates, the lease was issued under Odisha State Urban Land Settlement Rules, 1959. Impugned order was issued purporting invoking clause-(a) in sub-sec. (1) of Sec. 3 of the Act, 1962 has no application. Impugned order be set aside on that ground alone. He submits further, on merits too, impugned order should be set aside and quashed.