SUDHAKAR KAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dtd. 28/6/2022 passed by the Asst. Settlement Officer (Rental Colony, Bhubaneswar) in Misc. Case No. 18 of 2019.

(2.) Bereft of unnecessary details, the facts of the case are that the property in question was leased out to one Raghunath Sahoo vide WLL Case No. 195/1969. The property was also mutated subsequently in his favour and ROR was issued. The lessee, sold his lease hold land to one Pravat Kumar Jena vide RSD No. 3136 dtd. 17/4/1979. The property was then mutated in his favour. The petitioner purchased the property measuring Ac. 0.060 decimal from said Pravat Kumar Jena vide RSD No. 154 dtd. 15/7/1999. The petitioner thereafter constructed his residential house over the purchased plot. The Misc. Case in question was initiated pursuant to order dtd. 1/5/2019 passed by this Court in W.P.(C). No. 5376 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. 5379 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 in the said Court on different dates and pursuant to direction of the authority also filed the relevant documents. Ultimately, by order dtd. 28/6/2022, 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.