Dismissed

Prafulla Ku.Dash v. State and Ors.

Orissa HC17 May 2016WP(C)/17469/2013

Case brief

AI extract

What is this about?

The court disposed of two writ petitions challenging the inaction of the authorities in implementing a prior order that quashed an illegal lease resumption. The petitioners, owners of leased land, sought enforcement of the earlier judgment that voided the resumption for natural justice violations.

What did the court decide?

Directed the Tahasildar, Bhubaneswar to take consequential action as per the direction of this Court in W.P.(C) No.775 of 2004 within eight weeks.

Prafulla Ku.Dash Vs State and Ors. — Execution and Attachment | Orissa HC (2016)

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W.P.(C) NOS.17469 AND 17470 OF 2013

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17.5.2016 As common questions involved in both the Writ Petitions, the matters are taken up for hearing together and are disposed of by this common order.

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Heard learned counsel for the petitioners and learned Addl. Government Advocate.

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These Writ Petitions have been filed by the petitioners challenging the inaction of the opposite parties in not accepting rent as well as not correcting the Record of Rights in pursuance of the order dated 03.4.2006 passed by this Court in W.P.(C) No.775 of 2004.

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The petitioners contended that the land appertaining to Plot No.273/1418 under Khata No.233/120 measuring an area of Ac.1.460 decimals of Mouza – Sampur was leased out in favour of one Ratani Bewa by the Addl. Tahasildar, Bhubaneswar in W.L Case No.1382/5960 for agricultural purposes. Thereafter the legal heirs of the original lessee after obtaining permission from the competent authorities sold the entire land in favour of one Sahadev Nayak vide Registered Sale Deed dated 05.6.1979 in order to meet their legal necessities. Subsequently Sahadev Nayak sold the entire land in favour of one Dhusasan Behera by Registered Sale Deed dated 30.6.1980. While matter stood thus, Dhusasan Behera sold a part of the land measuring Ac.0.700 decimals and Ac.0.300 decimals in favour of the petitioners by Registered Sale Deed dated 12.11.1980. The petitioners are in peaceful possession of the land from the date of purchase.

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Earlier pursuant to order dated 29.1.1996 passed in O.J.C No.9449 of 1993, this Court directed the State Government to enquire into the matter relating to lease of land at Bhubaneswar through a Senior Officer in the rank of Secretary, whether the Tahasildar has settled the land illegally, fraudulently and by misuse of power. The Collector, Khurda accordingly directed to initiate a resumption under

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Section 3-B of Orissa Government Land Settlement Act, 1962. The Tahasildar made an enquiry and found that the original lessee has violated the condition of the lease granted to him. Accordingly, the Tahasildar by order dated 31.7.2002 in W.L Case No.1382/59-60 cancelled the lease and resumed the land under Section 3-B of the Act. Challenging the said order, one Nayantara Jena had approached this Court in W.P.(C) No.775 of 2004. This Court by order dated 03.4.2006 quashed the said order with a finding that there is clear violation of the principles of natural justice in not issuing notice of resumption proceeding to the petitioner. However, till date no consequential action has been taken by the authorities.

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Learned Addl. Government Advocate on instruction submitted that the order dated 03.4.2006 passed by this Court in W.P.(C) No.775 of 2004 has not been challenged by the State in any forum till date.

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Considering the above facts and circumstances, this Court disposes of both the Writ Petitions with a direction to the Tahasildar, Bhubaneswar – opposite party no.2 to take consequential action as per the direction of this Court in W.P.(C) No.775 of 2004 as expeditiously as possible, preferably within a period of eight weeks from the date of production of certified copy of this order.

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S.Panda, J.

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K.R.Mohapatra, J.

Prafulla Ku.Dash v. State and Ors.

Case brief

What is this about?

What did the court decide?

Prafulla Ku.Dash v. State and Ors.

Case brief

What is this about?

What did the court decide?

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