AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Satapathy, learned advocate appears on behalf of petitioner and draws attention to order dated 2nd February, 2023.
Mr. Rout, learned advocate, Additional Standing Counsel appears on behalf of State and submits, there was no earlier cancellation of lease apart from impugned order of cancellation in respect of subject plot.
We have perused impugned order in revision dated 29th April, 1998, by which grant of lease by order dated 7th November, 1974 was cancelled with consequential directions. We find from impugned order, section 17 in Limitation Act, 1963 was relied upon to overcome the bar of limitation imposed by second proviso in, since repealed, section 7A (3) of Odisha Government Land Settlement Act, 1962.
It appears from impugned order that the revision case was started with intention to find out if Government land was settled in the waste land case as not suffering from fraud, misrepresentation and material irregularity of procedure. Section 17 in the Limitation Act applies, when there is proceeding initiated on discovery of fraud as opposed to an intention of finding/discovering it. In any event section 29 in Limitation Act, 1963 saves, inter alia, local law prescribing period of limitation. The Act of 1962 is a local law providing for limitation of 14 years in calling into question any settlement made. That period is stands saved and operative. Section 17 applies to periods of limitation prescribed by the Act of 1963.
Perused the order-sheet disclosed as annexure-2 in the writ petition containing orders dated 16th September, 1974 and 7th November, 1974 in W.L. Case no.2449 of 1974. It gives rise to necessity to call for the record since, State has alleged fraud. State will produce the record in W.L. Case no.2449 of 1974 on adjourned date. Adjournment is granted as opportunity to State, in spite of our observations recorded above. Hence, it is made clear, if the record is not produced on adjourned date, we will deal with the writ petition.
List on 21st March, 2023.
……………………………….