JYOTSNASINGH @ JYOTSNA AICH Vs. STATE OF ORISSA

JUDGEMENT

(1.) AS in all the aforesaid writ petitions, common question of law arises, the matters were heard together and are being disposed of by this common judgment.

(2.) THE petitioners in all the writ petitions claim to have purchased the lands from the original lessees in whose favour, the lands were settled by the Tahasildar in different mouza within the jurisdiction of Bhubaneswar Tahasil in different W.L. Cases.

(3.) COUNTERING the above submissions, the State has come out with a case that the A.D.M. was correct in initiating the proceedings, as because, the sales made in favour of the petitioners were within the ban period of ten years and the amended section 6 -A of the O.L.R. Act brings within its fold all settlements of land made for agricultural purpose. As such, the extended ban period from five years to ten years is applicable to the facts of the present case. Sales having been made contrary to the aforesaid provision of the O.L.R. Act, are void sales and the petitioners have no locus standi to challenge the order cancelling the leases, in absence of the original lessees challenging the same.