BIDYUT MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner, a transferee from the original settlee of Government land has assailed the order dated July, 25, 1989 passed by the Addl. District Magistrate, Bhubaneswar in suo motu Lease Revision Case No. 21/89 initiated under Section 7 -A (3) of the Orissa Government Land Settlement Act, 1962 (hereinafter referred to as the 'Government Land Act') cancelling the grant of lease.

(2.) ON October 9, 1975 land measuring about Ac. 1.000 acre comprising plot No. 562 under Khata No. 272 of Mouza Dasapur, P. S. Chandaka, Bhubaneswar (hereinafter referred to as the 'disputed land') was settled in favour of one Dharamu Behera (opp. party No. 3) by the Tahasildar, Bhubaneswar in Waste Land Lease Case No. 1177 of 1975. On January 30, 1985 the said settlee transferred the disputed land to one Smt. Pratima Kar (opp. party No. 4). On December 6, 1985, opp. party No. 4 in her turn sold the disputed land to the present petitioner under registered sale deed No. 9941. The possession of the Land was duly delivered to the petitioner and she has been possessing the disputed land since the date her purchase.

(3.) ON the date when the impugned proceeding was initiated the present petitioner had already purchased the disputed land by a registered sale deed. Undisputedly no notice of the said proceeding was sent to the present petitioner. It has been submitted by the learned counsel for the petitioner that no notice having been sent to the petitioner the proceeding and the final order passed therein is wholly incompetent and void.