TARAPADA RAY CHAPALIKA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE writ petitions are heard together as the factual position as also the legal problems are similar. As such, all these writ petitions are disposed of by this common judgment.

(2.) THE subject matter of challenge in all these writ petitions is an order passed by the Revenue Divisional Commissioner, Central Division, Cuttack (hereinafter referred to as 'RDC') which is a communication dated 9.5.2002. By the said communication, RDC as per the order passed in OGLS Misc Case No. 1 of 2002 cancelled the lease of Government land in Mouza Basuaghai granted in favour of Bhubaneswar Development Authority, opposite party No. 5 (hereinafter called 'BDA'). Purpoted reasons for cancellation of the lease deed is that RDC is not satisfied with the reply to the sho cause given by the Secretary, BDA, as such RDC desired that the land may be resumed by initiating resumption proceedings and necessary action may be taken for initiation of such proceedings.

(3.) AFTER the said lease was granted in favour of BDA, the BDA allotted the land to different persons for construction of residential buildings. The same was done by the BDA on or about 8th February, 1990 and the petitioner was granted a plot measuring an area of 5643 sqft. for a period of 90 years. Thereafter the petitioner constructed a building over the said plot of land on the basis of a sanction plan and he has been paying rent since 2003. In the month of September, 2004 the petitioner went to deposit the land revenue for the period of 2004 -2005 but the Revenue Authorities refused to accept the same, inter alia, on the ground that RDC has directed resumption of land leased out to BDA in exercise of the powers under Orissa Government Land Settlement Act, 1967 (hereinafter called 'OGLS Act'.)