LAWS(ORI)-2008-2-21

SUNIL KUMAR DASS Vs. REVENUE DIVISIONAL

Decided On February 13, 2008
Sunil Kumar Dass Appellant
V/S
REVENUE DIVISIONAL Respondents

JUDGEMENT

(1.) THESE two writ petitions are directed against a common order dated 20.9.2001 (Annexure -1) passed by the Revenue Divisional Commissioner, Central Division, Cuttack, in Khasmahal Lease Appeal Nos. 1 and 3 of 2000 affirming an order dated 24.12.1999 (Annexure -2) passed by the Collector, Puri, in Misc. Case No. 2 of 1999.

(2.) THE petitioners in OJC No. 13094/2001 were the appellants in the aforesaid Khasmahal Lease Appeal No. 1/2000 while the petitioners in W.P.(C) No. 14085/2003 were the appellants in Khasmahal Lease Appeal No. 3/2000. As the petitioners in both these writ petitions challenge the same orders Annexures -1 and 2, the same were heard together. On an application filed by Sipra Das Biswas (opposite party No. 5 in OJC No. 13094/2001 and opposite party No. 4 in WP (C) No. 14085/2003), which was registered as Misc. Case No. 2 of 1999, the Collector by the aforesaid order Annexure -2 had cancelled the approval of permanent lease in B.P.L. Case No. 153/1994 in respect of Ac. 0.161 out of Ac. 0.500 on the ground that the same was obtained by suppression of real fact and practising fraud and directed the Tahsildar, Purl, to take over possession of the entire leasehold land measuring Ac. 0.500. The order Annexure -2 was challenged in two appeals before the Revenue Divisional Commissioner, Central Division, Cuttack, registered as Khasmahal Lease Appeal Nos. 1 and 3 of 2000, but the said appellate authority vide order Annexure -1 having affirmed the order of the Collector Annexure -2, being aggrieved these two Writ Petitions have been filed by the respective petitioners.

(3.) THE dispute in both the Writ Petitions relates to a Govt. Khasmahal leasehold property, situated in Puri town having an extent of Ac. 0.500 of land. From the facts set out in OJC No. 13094 of 2001, it appears that on 1.4.1943 Smt. Khagendra Bala Dassi, wife of Chandi Charan Dass, with the permission of the Govt. of Orissa got the said leasehold property by assignment and/or transfer from another lessee during the subsistence of the lease which was for a period of thirty years and was to continue till 18.10.1965. On 2.5.1948 said Khagendra Bala Dassi executed her last Will in favour of her six sons, namely, Hrishikesh Dass, Bisweswar Dass, Maheswar Dass, Jogeswar Dass, Moni Mohan Dass, and Jagadish Dass. Khagendra Bala having died on 12.7.1948, the Will executed by her was administered in the year 1950.