SUPRIYO BOSE Vs. STATE OF ODISHA

JUDGEMENT

(1.) Heard Mr. Asim Amitav Das, learned counsel for the petitioners and Mr. Kishore Kumar Mishra, learned Addl. Government Advocate for the opposite parties.

(2.) The petitioners in this writ petition have challenged the order dated 02.03.2013 passed by the opposite party No.2-Revenue Divisional Commissioner, Central Division, Odisha, Cuttack in OGLS Appeal No.03 of 2012 under Annexure-19 in setting aside the order dated 03.08.2011 of the Collector, Puri passed in Balukhand Permanent Lease (BLP) Case No.47 of 1997, inter alia, with other reliefs.

(3.) It is the case of the petitioners that Late Janaki Nath Bose, the predecessor-in-interest of the petitioners had acquired a leasehold khasmahal land situated at Gopal Ballav Road, Puri in the year 1916 and subsequently built a two storied house thereon for the purpose of holiday-cum-pilgrimage resort. The original lease holder died in the year 1934. The lease was for a period of thirty years. However, a renewal was made on 16.10.1951 executed by the Collector, Puri on behalf of the Governor of Odisha as a lessor of the one part and the then successors-in-interest of the original lessee as the other part. A copy of such lease deed has been annexed as Annexure-1 to the Writ Petition. The renewal was also made for a period of thirty years commencing from 9th day of May 1946 subject to terms and conditions fixing the rent. Clauses 14 and 15 of the lease deed which are relevant are extracted below:-