KAMALA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS invoke extraordinary, jurisdiction of this Court underArticles 228 and 227 of the Constitution of India to quash Annexure -8 the order dated 25 -9 -93 of the Additional District Magistrate (Revenue), Cuttack under Section 7 -A (3) of the Orissa Government Land Settlement Act, 1982 (hereinafter referred to as the 'Act') cancelling lease in respect of land measuring two acres.

(2.) PETITIONERS are respectively the daughter and the son of Taria Bewa, since deceased. Taria Bewa was granted lease by the Tahasildar, Salipur in respect of twoacres of land under Khata No. 1347, plot No. 1218 in the year 1978 in leae case No. 152 of 1978. She possessed the land and paid rent etc. on the basis of the Stithiban Patta issued In her favour under Annexure -1. After death of Taria Bawa, petitioners being the legal heirs continued to possess the land. While they were so enjoying the land, the Additional District Magistrate, opp. party No. 2 by the impugned order dated 25 -9 -1993 (Annaxure -8) cancelled the lease stated above on the ground that lease was granted illegally without following the prescribed procedure and also was the result of the fraud and misrepresentation.

(3.) THERE is no dispute that that the Additional District Magistrate under Section 7 -A (3) of the Act is competent to cancel a lease on the ground of mistake of fact or owing to fraud or misrepresentation or on account of any material irregularity in procedure. It is well -settled in law that fraud like any other criminal charges unless circumstances sowarrant should be proved by positive and satisfactory evidence and no amount of presumption would besufficent to prove the allegation of fraud. The Additional District Magistrate in the impugned order in paragraph 4 has categorically observed :