KANHIALAL SARDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) O.J.Cs. 407 and 408 of 1976 have been filed by Kanhialal Sarda, son of late Baijnath Sarda. By these two writ petitions the petitioner seeks for a direction from this Court to the State of Orissa (Opp. Party No. 1) in the Mining and Geology Department to execute a formal deed of lease in respect of the areas separately described in paragraph 1 of each of these two writ petitions, in favour of the petitioner in his capacity as the executor of the estate of late Baijnath Sarda, as appointed by the latter by his last will.

(2.) O.J.Cs. 1526 and 1527 of 1978 have been filed by Sundarlal Sarda, the other son of late Baijnath Sarda, The petitioner in these two writ petitions in effect prays for an order or direction of this Court calling upon the State of Orissa (Opp. Party No. 1) to execute a formal deed of lease in favour of the petitioner in his representative capacity representing all the heirs and legal descendants of the recorded lessee and in terms of the order of the Central Government dated the 17th December, 1968 and the direction of this Court in O.J.Cs. 30, 123 and 124 of 1965,

(3.) All the above-mentioned 4 O.J.Cs, were taken up together for hearing. The facts alleged by the petitioner in O.J.Cs. Nos. 407 and 408 of 1976 are almost the same as those alleged in the counters filed by him in O.J.Cs. 1526 and 1527 of 1978. Likewise the facts alleged by the petitioner in OJ.Cs. 1526 and 1527 of 1978 are almost the same as those alleged in the counters filed by him in O.J.Cs 407 and 408 of 1976. The facts alleged in the counters filed by the State of Orissa (Opp. Party No. 1) in all these writ petitions are in effect the same. The facts and law required to be considered and decided are all common and similar in all these cases. Accordingly these cases were taken up together for hearing and they are herewith being disposed of by this common judgment.