Jogendra Rout vs State Of Odisha And Others

Mr. Patnaik, learned advocate appears on behalf of petitioner and submits, his client’s father was original allottee of lease in the waste land case. By order dated 1st December, 1973 the case was initiated and sanction of lease was by order dated 25th January, 1974. The lease was granted under Orissa Government Land Settlement Act, 1962 and the 1963 Rules.

He submits, his father died in year 1984. On query from Court he submits, it was pleaded, inter alia, in paragraph-6. The death certificate stands disclosed in the rejoinder.

He submits, impugned order in revision purports to be under section 7-A(3). It is illegal and was made with material irregularity simply because it was against a dead person. There is no question that his client’s father could have filed a reply to the show cause, when he was not alive to receive the notice.

Mr. Rout, learned advocate, Additional Standing Counsel appears on behalf of State. He submits, counter has been filed. He points out, pursuant to impugned order there was correction made in the Record of Rights, in the year 1981. The petition should be thrown out for having been presented as late as on 28th February, 2022. He submits further, it will appear from impugned order that reply to the show cause had been filed by the allottee.

Petitioner alleges lack of notice and ignorance of the proceeding. If found to be correct, the plea will cover ignorance of correction made in the RoR, as not known to him. He is not expected to visit office of the administration to enquire whether or not there has been subsequent correction by removing name of his father from the record. He draws attention to paragraph-11 in the writ petition for explanation of the delay on ignorance.

State will produce the record in respect of the revision case.

List on 16th May, 2023.

Interim order to continue till next date of hearing.

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