LAXMIPRIYA TRIPATHY Vs. STATE AND ORS.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Addl. Government Advocate. This Writ Petition has been filed by the petitioner challenging the order dtd. 03.11.2012 passed by the Addl. District Magistrate, Bhubaneswar in Lease Revision Case No. 402 of 1983 under Section 7A(3) of the O.G.L.S. Act, 1962 setting aside the order of settlement passed by the Tahasildar, Bhubaneswar in W.L. Lease Case No. 1438 of 1973 on the ground of fraud, willful misrepresentation of material fact as well as material irregularity in procedure.

(2.) ON perusal of records, it appears that the land appertaining to Plot No. 9/849 under Khata No. 326 of Mouza - Nuagaon, P.S.: Chandaka in the district of Khurda, measuring an area of Ac. 0.300 decimals was originally leased out in favour of one Mahendra Narayan Muduli by the Tahasildar, Bhubaneswar in W.L. Lease Case No. 1438 of 1973 for agricultural purposes. The original lessee sold the said land in favour of the petitioner under Registered Sale Deed dtd. 08.5.1981. After purchasing the land the petitioner was in peaceful possession over the same and was paying rent regularly. In the year 1983 the Addl. District Magistrate, Bhubaneswar initiated a suo motu revision under Section 7A(3) of the O.G.L.S. Act, 1962, which was registered as Revision Case No. 402 of 1983. Though notice was issued to the original lessee he has not filed his show cause reply. After going through the materials available on record, the Addl. District Magistrate came to a conclusion that enquiry has not been done properly by the Tahasildar as required under Rule 3 (3) of the O.G.L.S. Rules, 1974 and proclamation inviting objections has not been properly served as provided under Rule 3 (5) of the said Rules. The land settlement was made without observance of the provisions of Section 3(2) of the Act wherein it is provided that 70 % of the Government Land should be settled in favour of the S.T. and S.C. people of the village. Accordingly, the Addl. District Magistrate by order dtd. 30.11.1987 set aside the order of the Tahasildar, Bhubaneswar settling the land in question in favour of the original lessee and directed the Tahasildar to correct the Records of Right and take over possession of the said land. Being aggrieved the petitioner approached this Court in OJC No. 9072 of 2000. This Court by order dtd. 21.9.2000 while quashing the order dtd. 30.11.1987 remanded the matter to the Addl. District Magistrate for fresh disposal in accordance with law after giving opportunity of hearing to the petitioner. In pursuance of the order dtd. 21.9.2000 passed by this Court in OJC No. 9072 of 2000, the Addl. District Magistrate, Bhubaneswar framed four issues and after hearing the petitioner and going through the report submitted by the Tahasildar, Bhubaneswar by the impugned order set aside the order of settlement passed by the Tahasildar, Bhubaneswar in W.L. Lease Case No. 1438 of 1973 on the ground of fraud, willful misrepresentation of material fact as well as material irregularity in procedure.

(3.) LEARNED counsel appearing for the petitioner submits that though in a similar case to that of the petitioner remanded by this Court vide OJC No. 7182 of 1993, the Addl. District Magistrate, Bhubaneswar by order dtd. 12.1.2007 passed in Lease Revision Case No. 448 of 1983 hold that it is not necessary to interfere with the order of the Tahasildar, Bhubaneswar sanctioning lease in favour of the original lessee and dropped the Revision Proceeding and also directed the Tahasildar, Bhubaneswar to correct the Records of Right in favour of the petitioner therein but the present petitioner's case has not been considered.