LATE SURGEON VICE ADMIRAL G P PANDA AND OTHERS Vs. STATE OF ODISHA, REPRESENTED BY SECRETARY, REVENUE & DISASTER MANAGEMENT DEPARTMENT AND OTHERS

JUDGEMENT

(1.) Challenge has been made to the action of the opposite parties more particularly, the Tahasildar, Bhubaneswar, opposite party no.4 in initiating Resumption Case No.1 of 2006 against the original lessee and issuing notice dated 20.03.2006 to show-cause as to why the land shall not be resumed under Section-3(B) of the Odisha Government Land Settlement Act, 1962 (hereinafter called as the "Act, 1962") vide Annexure-16.

(2.) Facts

(3.) Be it stated that the petitioners came to know under Right to Information Act, 2005 that opposite party no.5 filed an application before opposite party no.4 which has been registered as W.L. Case No.29 of 2001 (Alienation) for allotment of entire Ac.52.47 decimals of land in its favour in Mouza-Pathargadia which also includes the land leased out in favour of the petitioner. Since IDCO has been allotted lands to set up SEZ, the case land allotted to the petitioner would remain inside. Thereafter, the petitioners gave a detailed reply to the opposite party no.4 stating therein that the land has already been allotted to him and it was not possible for allotment of the same to the IDCO. Since the opposite party no.4 did not hear the matter he contacted the senior officers and by that time, the opposite party no.4 has already issued the impugned notice under Section-3(B) of the Act, 1962 vide Resumption Case No.1 of 2006. Challenging issuance of such notice, the petitioner approached the opposite parties and when they did not pay heed to his grievances, the petitioners filed this writ petition to quash the resumption proceeding vide Resumption Case No.1 of 2006 and restore the physical possession of the portion of the land demolished by opposite party no.5 and it has been further prayed to direct the opposite parties not to interfere with the petitioners' possession.