MAHESH CHANDRA DAS Vs. TAHSILDAR ATHGARH CUTTACK

JUDGEMENT

(1.) In action to grant lease of stone quarry on long term basis on application of complainant who had deposited the consideration amount, is grievance of complainant is this complaint.

(2.) While accepting that lease was granted for three years 1991-92 to 1993-94 and surface rent was deposited, cause of Opposite party is that complainant did not execute the lease deed. He sent a registered letter on 26.9.1991 after expiry of stipulated three months for supply of the document to execute lease deed. Hence no action was taken by Tahsildar. Besides, Additional District Magistrate called for the records of the lease case as State Government desired to know the legality of the lease. State Government recommended for revocation of lease and accordingly proposal was processed and sent to Additional District Magistrate, when the Shairat was notified for public in auction, complainant has obtained order of stay from Sub-Divisional Officer.

(3.) Since matter is under enquiry by Additional District Magistrate and Sub-divisional Officer, a finding of deficiency of service by Tahsildar is not possible to be given. In the circumstances, whether complainant is a consumer and whether grant of quarry lease is a service under the Consumer Protection Act, need not be gone into.