K C ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution for a direction to the opposite parties to put the petitioner in possession of the land leased out to him under a registered deed of lease dated 14-1-1976.

(2.) Petitioner alleges that the State of Orissa opposite party No. 1 leases out homestead plots within the New Capital area of Bhubaneswar for residential purpose in terms of the guidelines laid down under executive instructions. On the basis of an application of the petitioner the State Government in the Political and Services Department allotted plot No. 313-A measuring 87' x 75' in Kharabela Nagar. Unit No. III, and a regular deed of lease was executed in his favour by the Governor of Orissa and was got duly registered on 30-12-1970. When the petitioner asked for possession thereof, there was dispute over the occupation of the land and the Labour Department of the State Government did not permit the petitioner to take possession on the ground that in an earlier plan, the area had been reserved for the construction of a multipurpose labour welfare centre. After five years of correspondence and negotiation, the State Government agreed to provide an alternate site in Saheednagar to the petitioner by carrying out two plots bearing Nos. B-61/A and B/61/B each measuring 40' x 80'. On 19th Dec. 1975, the Director of Estates-opposite party No. 2 informed the petitioner to the following effect :

(3.) The Director of Estates-opposite party No. 2 made a return to the rule nisi issued by the Court on behalf of both the two opposite parties and admitted all the facts alleged by the petitioner. In para 7 of the counter affidavit it has been pleaded inter alia :