APRATI SAHU Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) AN appeal under the Orissa Public Demands Recovery Act before the Additional Distinct Magistrate, Balasore having failed the Petitioner has moved this Court in this petition for redress.

(2.) THE short facts leading to the case are that the Petitioner was a lessee in respect of the Sairat Fisheries on the shores of Bay of Bengal for the year 1967 -68 which he had taken as the highest bidder for Rs. 2,6000/ -. He had deposited Rs. 500/ - as the earnest money and Rs. 650/ - thereafter but did not deposit any further sum subsequently since according to him he was prevented from operating the fishery is his entry therein was prevented by the Proof and Experiment Establishment, Balasore, a defence establishment of the Government of India. A certificate case was started by the opposite party No. 3 for realisation of the balance amount which as aforestated the Petitioner challenged in appeal but was unsuccessful.

(3.) IN the result, the writ petition succeeds and the certificate case No. 3715 of 1969 -70 before the Certificate Officer, Soro against the Petitioner as also the appellate order in Annexure -2 are quashed. The petition is allowed with costs. Hearing fee is assessed at Rs. 100/ -.