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Judgment
W.P.(C) no.7484 of 2023 and I.A. no.3989 of 2023
Mr. Mishra, learned senior advocate appears on behalf of petitioner and submits, lease revision case no.2 of 2023 has been initiated under section 7-A(3) of Odisha Government Land Settlement Act, 1962. On query from Court he submits, the lease was granted under lease principles in year 1972. There was a proceeding initiated under section 3-B in year 2000. Now a different line of attack has been adopted by State, to try and resume his client’s property.
He relies on judgment of the Supreme Court in Kishore Samrite v. State of UP reported in (2013) 2 SCC 398, paragraph-32 series, for law declared on abuse of the process.
Mr. Sharma, learned advocate, Additional Government Advocate appears on behalf of State and submits, the writ petition should not be looked into. In furthering purported challenge, privileged communication between a functionary of State and the Advocate General has been wrongfully been obtained and relied upon. Without prejudice he submits, there was order dated 13th February, 2023 made in contempt by the learned Single Judge, wherein stands recorded undertaking tendered on behalf of petitioner to appear and cooperate for timely disposal of the lease revision case. Inspite thereof and in violation of the rules of this Court, the writ petition does not disclose any document in respect of the lease revision case. Mr. Mishra hands up copy of counter-fail, signed by the Clerk-in-Charge on 15th February, 2023 in Copy Application no. 32/15.02.2023
Considering that State had initiated a section 3B proceeding in respect of the lease hold and was unsuccessful, the subsequent initiation of the lease revision case in year 2023 comes after 50 years of grant of the lease. In the circumstances, we made query regarding how much time is required for filing counter. Mr. Sharma submits, three weeks are necessary.
Counter be filed by 17th April, 2023. Petitioners may file rejoinder, to be accepted on adjourned date upon advance copy served.
List on 24th April, 2023. Proceedings in lease revision case no.2 of 2023 will remain stayed till next date of hearing.
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