KULAMANI MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Challenge has been made to the order dated 20.07.2013 passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.867 of 1998 wherein the lease granted to the original lessee has been cancelled.

(2.) Facts

(3.) Be it stated that on 19.05.1998, the present opposite party no.5 (Srinibala Acharya) purchased an area of Ac.0.100 decimals from the 1st purchaser Kantilata Pradhan by way of registered sale deed. She also challenged the cancellation order passed by the Additional District Magistrate, Bhubaneswar before this Court in W.P.(C) No.6359 of 2009. On 07.12.2009, a Division Bench of this Court passed order to quash the order passed by the Additional District Magistrate, Bhubaneswar on 11.08.1998 and remanded the matter for disposal afresh by affording opportunity of hearing to the petitioner, who is the present opposite party no.5. On 23.12.2009, the present opposite party no.5 sold an area of Ac.0.050 decimals out of the said purchased land to the present petitioner. On 20.07.2013, the Additional District Magistrate, Bhubaneswar, after de novo proceeding, declared the original lease in question granted by the Tahasildar, Bhubaneswar vide WL Case No.1737 of 1974 as illegal and improper. The instant writ petition has been filed challenging the said order dated 20.07.2013 with a prayer to direct the opposite parties to record the said purchased case land in favour of the petitioner.