BINODINI MOHANTY Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) Petitioner, in this Writ Petition, seeks to assail the order dtd. 23/7/1987 (Annexure-4) passed by the Additional District Magistrate, Bhubaneswar in Lease Revision Case No.213 of 1986 initiated under Sec. 7-A (3) of the Odisha Government Land Settlement Act, 1962 (for brevity, 'the Act') cancelling the lease granted by the Tahasildar, Bhubaneswar in favour of the Vendor of the Petitioner, namely, Balamani Dei in W.L. Case No.950 of 1974.

(3.) Mr. Nanda, learned counsel for the Petitioners submits that the Vendor of the Petitioner, namely, Balamani Dei was a landless person. She applied for a piece of government land to earn her livelihood. Accordingly, WL Case No.950 of 1974 was initiated on the file of Tahasildar, Bhubaneswar and following due procedure of law, lease was granted in favour of said Balamani Dei in respect of Plot No.1958 under Khata No.805 to an extent of Ac.1.000 decimal in mouza Andharua under Bhubaneswar Tahasil in the district of Khordha (for brevity 'the leasehold property'). Thereafter, the record of right was also issued in favour of said Balamani Dei under Annexure-1. When the lessee, namely, Balamani Dei was in peaceful possession over the leasehold property exercising her right, title and interest thereon, she alienated Ac.0.500 decimal of land out of the leasehold property in favour of the Petitioner for her legal necessity by virtue of Registered Sale Deed dtd. 24/2/1981. On purchase, the Petitioner got the land mutated in her name and mutation ROR in respect of Plot No.1958/3171 in Khata No.621/63 of mouza Andharua under Bhubaneswar tahasil (for brevity 'the case land') was prepared in the name of the Petitioner. Since then, the Petitioner is in possession over the case land exercising her right and tile thereon.