BHIMSEN SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 12/7/2022 passed by the Asst. Settlement Officer (Rental Colony, Bhubaneswar) in Misc. Case No. 38 of 2019.

(2.) Bereft of unnecessary details, the facts of the case are that the property in question was leased out to one Harekrushna Ojha vide WLL Case No. 213/1963-64. The property was also mutated subsequently in his favour and ROR was issued. The petitioner purchased a portion of the property measuring Ac. 0.100 decimal from said Harekrushna Ojha vide RSD dtd. 13/5/1986. The petitioner subsequently mutated the purchased land in his name in Mutation Case No. 450 of 1990 and Mutation Plot No. 1380/2227 was issued in his name. The petitioner thereafter constructed his residential house over the purchased plot. The Misc. Case in question was initiated pursuant to order dtd. 25/6/2019 passed by this Court in W.P.(C). No. 10610 of 2019. In the meantime, a Parcha was issued in favour of the petitioner but subsequently, the land was shown in the Government Khata. The petitioner approached this Court in W.P.(C). No. 10610 of 2019, which was disposed of directing the Asst. Settlement Officer to ascertain as to whether the lease still exists or the same was cancelled by the Government before recording of the land in the name of the petitioner. Accordingly, the Misc. Case in question was initiated by the Asst. Settlement Officer. The petitioner was present before the said Court on different dates and pursuant to direction of the authority also filed relevant documents. Ultimately, by order dtd. 12/7/2022, the Asst. Settlement Officer observed that the petitioner is not cooperating with the Court being absent for more than five times. It was also observed that the petitioner could not produce the lease sanction order of the Tahasildar, trace map and lease confirmation order and therefore, the authority was not inclined to 'alienate' the land from the Government Khata in absence of relevant lease documents.

(3.) Heard Mr. A.C.Panda, learned counsel for the petitioner and Mr. S.S.Routray, learned Additional Standing Counsel.