SIMPLE SUJATA MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner in this writ petition seeks to assail the order dtd. 6/8/2013 (Annexure-5) passed by the Additional Sub-Collector-cum-Settlement Officer, Bhubaneswar in Appeal Case No.4163 of 2013.

(3.) Mr. Mishra, learned counsel for the Petitioner submits that initially, Plot No.583/1651 to an extent of Ac.1.000 decimals of Khata No.325/59 in Mouza Pathargadia under Bhubaneswar Tahasil in the district of Khurda (erstwhile district of Puri) was leased out in the name of one, Pitabasa Behera by the Tahasildar, Bhubaneswar in W.L. Lease Case No.1645 of 1974 and Record of Right (RoR) was prepared in his name. Subsequently, said Pitabasa Behera, for his legal necessity, sold out different portions of the leasehold property to different persons through his Power of Attorney holder, namely, Sura Pratap Singh Samanta. The Petitioner purchased Ac.0.100 decimals of leasehold property vide Registered Sale Deed (RSD) No.770 dtd. 23/3/1993 and was delivered with possession. Subsequently, the Petitioner filed Mutation Case No.3167 of 1995 and the land purchased by her was bifurcated from the leasehold property and was recorded in the name of the Petitioner in Plot No.583/1651/2582 to an extent of Ac.0.100 decimals under Khata No.325/925 of Mouza-Pathargadia under Bhubaneswar Tahasil in the district of Khurda (for brevity 'the case land').