LAWS(ORI)-2023-5-239

ODISHA JESUIT SOCIETY Vs. STATE OF ODISHA

Decided On May 18, 2023
Odisha Jesuit Society Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Petitioner is purchaser from Odisha State Financial Corporation [(OSFC)/opposite party no.4]. The purchase was made by deed of transfer dtd. 29/1/2003 executed by the corporation in favour of petitioner. Three recital clauses and first witness clause are reproduced below.

(2.) Mr. Dash, learned advocate appears on behalf of petitioner and submits, the corporation took possession of the industrial unit, in exercise of power under Sec. 29 in State Financial Corporations Act, 1951. His client thereafter sought for settlement of the property, in its favour. There was direction by the administration to do so. A third party appealed against the direction and the Additional Sub-Collector passed order dtd. 27/8/2015 saying that the transfer is invalid. His client petitioned for revision. By impugned order dtd. 29/4/2020, the revision was disallowed.

(3.) Mr. Nayak, learned advocate appears on behalf of OSFC. He too submits, the appeal was at instance of a third party. It ought not to have been entertained. His client duly acted in exercise of power under Sec. 29. He draws attention to letter dtd. 17/8/1999, written by his client to the Tahsildar. Text of the letter is reproduced below.