PURNA CH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ application calls in question the order dated 31.3.1998 passed by the Addl. District Magistrate, Khurda in Revision Case No.137 of 1998, annexed to the writ application as Annexure -3.

(2.) THE petitioner is the son of original lessee late Adhikari Pradhan. On an application made by said late Adhikari Pradhan to the Tahasildar, Bhubaneswar W.L. Case No. 878 of 1972 was registered and after following due procedure of law, lease of a land measuring an area of Ac. 0.835 decimals of land situated in sabik pFot No.238 under Khata No.95 of village Dalua was settled in favour of the said late Adhikari Pradhan by order dated 20.9.1973.

(3.) A reading of the impugned order shows that the Addl. District Magistrate, Khurda though has found certain irregularities in following the procedure as envisaged under law for grant of lease, but has not arrived at any finding of fraud played the original lessee. Nevertheless, the lease granted in favour of the original lessee who was the father of the petitioner has been cancelled by the impugned order.