M A HAFIZ Vs. RAGHUNATH MAHARANA AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's appeal against confirming judgment in a suit for permanent injunction.

(2.) An area of Ac.10 cents of land appertaining to survey no.347/1, out of Ac.150 cents of land in village-Pathara is the subject matter of dispute.

(3.) The Case of the plaintiff is that the suit land belongs to Revenue Department, Government of Orissa. He was a lessee in respect of the suit land since the year 1944. The lease was granted annually. The lease continued till 1979. In the year 1979, the Revenue Department, Government of Orissa took a decision to lease out the surplus land to landless persons in public auction. Accordingly, a letter, vide Ext.A was issued to the Board of Revenue, Orissa, Cuttack for implementation of the decision. In the year 1980, the Government modified its earlier decision and took a decision that in the event, the surplus lands were in occupation of lessees, who are landless, then those lands, would not be put to auction. The land shall be leased out to them on annual basis on payment of rent. On 11.04.1980, a letter was issued, vide Ext.3, to the Board of Revenue for implementation of the modified decision. The Tahasildar, Berhampur, defendant no.3 was of the view that the plaintiff was not a landless person. The plaintiff was not entitled for lease in accordance with the instructions contained in Ext.3 and the suit land was to be leased out in favour of the highest bidder amongst the landless persons for the year 1980. Though the plaintiff wanted to participate in that auction, but he was not allowed by the Tahasildar on the ground that he was not a landless person of the locality. In the said auction, defendant nos. 1 and 2 participated and became lessees in respect of the suit land. When the defendant nos.1 and 2 threatened to cultivate the suit land, the plaintiff instituted the suit seeking the relief mentioned supra.