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Judgment
This matter is taken up through hybrid mode.
Heard Mr. S.K. Mishra on behalf of Mr. S. Nayak, learned counsel appearing for the petitioner and Mr. S. Nayak, learned Additional Standing Counsel appearing for the opposite parties.
The petitioner has filed this writ petition seeking to quash the order dated 12.02.1982 passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.224 of 1981 under Annexure-8 as well as the publication of ROR on 01.11.2014 under Annexure-7 by the Tahasildar, Bhubaneswar.
Mr. S.K. Mishra, learned counsel appearing for the petitioner contended that the Revision Case No.224 of 1981 under Annexure-8 has been considered and disposed of by the Additional District Magistrate, Bhubaneswar making only one observation that the order of settlement of land passed by the Tahasildar, Bhubaneswar is owing to fraud and misrepresentation and on account of material irregularity in procedure, but nothing has been placed on record to that effect while passing the order dated 12.02.1982 in Revision Case No.224 of 1981.
Mr. S. Nayak, learned Additional Standing Counsel appearing for the opposite parties contended that the order so passed by the Additional District Magistrate, Bhubaneswar is based on the facts and there is fraudulent conduct on the part of the Tahasildar, Bhubaneswar. Thereby, no illegality or irregularity has been committed in the order dated 12.02.1982 passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.224 of 1981.
Considering the contentions raised by learned counsel for the parties and after going through the records, this Court finds that the Additional District Magistrate, Bhubaneswar has considered Revision Case No.224 of 1981 and come to a conclusion, vide order dated 12.02.1982, that the order of settlement of land has been passed by the Tahasildar, Bhubaneswar owing to fraud and misrepresentation and on account of material irregularity in procedure. But, who has committed fraud, how it has been misrepresented and what is the material irregularity, have not been explained in the said order. Therefore, the non-reasoned order dated 12.02.1982 passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.224 of 1981 cannot be sustained in the eye of law and is liable to be quashed and is hereby quashed. The matter is remitted to the Additional District Magistrate, Bhubaneswar for rehearing of Revision Case No.224 of 1981 after giving opportunity of hearing to the parties including the subsequent purchasers.
With the above observation and direction, the writ petition stands disposed of.
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