High CourtsDivision Bench(2023) 03 OHC CK 0134

Gopal Chandra Agarwalla vs Additional District Magistrate, Bhubaneswar And Another

Orissa High Court · Decided on 21 March 2023

HON’BLE JUDGES
Arindam Sinha, J · S. K. Mishra, J
CASE NUMBER
Writ Petition (C) No. 33346 Of 2022

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Judgment

7 paragraphs · 225 words
1.

Mr. Subudhi, learned advocate appears on behalf of petitioner and submits, his client was allotted land and given lease in respect thereof by order dated 19th June, 1980 made by the Tahsildar. Suo Moto Lease Revision Case no.387 of 1998 was initiated and by impugned herein order dated 29th April, 1998, the lease was cancelled with direction upon the Tahsildar to correct the record, take back possession of the land and induct it in Government khata. He submits, the lease was duly granted. There should be interference to protect his client.

2.

Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State.

3.

We find from impugned order the suo moto lease revision case was said to be maintainable as per order dated 28th January, 1998 in OJC no.9449 of 1993. Pursuant to such finding, there are other findings in impugned order.

4.

Also perused order dated 19th June, 1980 of allotment. Said order records that petitioner had wanted the land for agriculture purpose. Report of the Amin said, inter alia, petitioner was landless. The plot consisted of 5.330 acres as reserved for lease. Inter alia, in those circumstances the lease was granted.

5.

State will produce said order dated 28th January, 1998 made by this Court in OJC no.9449 of 1993 on adjourned date.

6.

List on 28th March, 2023.

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