JOGENDRA ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Patnaik, learned advocate appears on behalf of petitioner and submits, his client's father was original allottee of lease in the waste land case. By order dtd. 1/12/1973 the case was initiated and sanction of lease was by order dtd. 25/1/1974. The lease was granted under Orissa Government Land Settlement Act, 1962 and the 1963 Rules.

(2.) He submits, his father died in year 1984. On query from Court he submits, it was pleaded, inter alia, in paragraph-6. The death certificate stands disclosed in the rejoinder.

(3.) He submits, impugned order in revision purports to be under Sec. 7-A(3). It is illegal and was made with material irregularity simply because it was against a dead person. There is no question that his client's father could have filed a reply to the show cause, when he was not alive to receive the notice.