SHANTILATA DEI Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) In this writ petition the petitioner assails the notice dated 10 -10 -1981 for cancellation of the lease and the order dated 16 -2 -1982 of the revisional authority cancelling the lease under Section 7 -A (3) of the Orissa Government Land Settlement Act, 1962 (for short, 'the Act.')

(2.) PETITIONER 's case is she was granted lease of an area measuring Ac. ,2.00 decimals in mouza Andharua in the district of Khurda under Khata No. 805, plot No. 2708 of the previous settlement in W. L, Lease Case No. 1160/78 by the Tahasildar on 20 -10 -1978. This was settled for agricultural purpose under the approved lease principles after due enquiry. Consequently the R. O. R. was corrected. The petitioner since then has been in possession of the land. It is her case that the Additional District Magistrate committed illegality in cancelling the said lease by invoking the powers under Section 7 -A (3) of the Act. She has therefore approached this Court to quash Annexures -3 and 7 being illegal, arbitrary and violative of the principles of natural justice.

(3.) MR . Samantaray advanced extensive argument in support of his contention that when the Tahasildar had granted lease under the approved lease principles of the year 1961 and this was done after due notice and enquiry, the A. D. M committed gross illegality in cancelling the lease for no valid reason. It was further contended that under the Orissa Government Land Settlement Act, 1962 there is no provision to cancel such lease and Section 7 -A (3) should not have been invoked by the A. D. M. since the lease in question was not granted under the provisions of the Act. To support his contention Mr. Samantaray has taken this Court to thes approved Lease Principles of the Government of the year 1961, as well as the provisions of the Land Settlement Act. He has also referred to the various decisions rendered by this Court including the case of Basiruddin and another v. State: ILR 1961 Cutt. 595, Alekh Ku. Rath and Ors. v. State : OJC No. 762/73 disposed of on 9 -7 -1975, Madhaba Seth v. A. D. M., Bolangir and Ors. : 32 (1990) OJD 334 (Civil), Judhisthir Behera v. A.D. M., Bhubaneswar and Ors. : OJC No. 5439 of 1931 disposed of on 9 -12 -1991. Hatekishore Naik v. State of Orissa, OJC No. 1689 of 1987 disposed of on 7 -5 -1991, Rajkishore Das v. State of Orissa : OJC No. 2327 of 1990 disposed of on 23 -12 -1992 and Prahallad Martha/. Tahasildar, Bhubaneswar : OJC No. 7661 of 1394 disposed of on 17 -4 -1995.