SUBARNA GHOSH Vs. STATE OF ODISHA

JUDGEMENT

(1.) Mr. Satapathy, learned advocate appears on behalf of petitioner and submits, his client is purchaser after 10 years of allotment of lease in respect of the land. There was no permission required, regarding the transfer. By impugned order dtd. 29/4/1998 the authority cancelled order dtd. 7/11/1974 of allotment of lease. The cancellation was beyond prescribed period of limitation of 14 years. Apart, his client was not noticed in the suo motu revision case. He submits, consistent view taken by this Court has been that there was requirement to notice the purchaser(s).

(2.) We have perused impugned order in revision dtd. 29/4/1998, by which grant of lease by order dtd. 7/11/1974 was cancelled with consequential directions. We find from impugned order, Sec. 17 in Limitation Act, 1963 was relied upon to overcome the bar of limitation imposed by second proviso in, since repealed, Sec. 7A(3) of Odisha Government Land Settlement Act, 1962.

(3.) We reproduce below paragraph-5 from our order dtd. 27/2/2023.