The Court disposed of a writ petition by directing the Collector and Tahasildar to conclude specific lease cases (Khasmal and permanent) within six months. The order mandated an opportunity of hearing before passing any reasoned order.
Direction to Collector and Tahasildar to dispose of lease cases within six months after opportunity of hearing.
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W.P.(C) No.18041 of 2017
The Union Club (O.P-6) is the originally lessee with respect to the land in question, which was settled as Khasmal lease in its favour. The Union Club in its turn has executed sub-lease in favour of the petitioner-society. But the grievance of the petitioner is that the lease case is not being concluded. In this connection a Civil Suit was filed before the learned 2nd Additional Sessions Judge, Cuttack bearing Title Suit No.332 of 1989 that ended in compromise as far as defendant nos.1 and 2, i.e., the Madhusudan Memorial Swimming Club and Union Club are concerned.
The learned 2nd learned Addl. Civil Judge (Sr. Division.) directed the Collector and Tahasildar, Cuttack to dispose of the Khasmal Lease Case No.8 of 1973 of defendant nos.1 and 2 and permanent Lease Case No.1970 of 2009 of the plaintiff-petitioner according to law considering their possession within a period of six months of passing of the order by the said Court.
2
Learned counsel for the petitioner submits that if a simple direction be given to opposite party nos.3 and 4 to dispose of the lease cases in a time bound programme the petitioner’s grievances will be redressed.
Learned Additional Government Advocate, however, submits that the land was leased out to Union Club as Khasmal lease, and, there is a stipulation in the lease deed that in order to further eliminate Khasmal land, the permission of the State is required. So this aspect has also to be considered.
In that view of the matter, we dispose of the writ application, directing opposite party nos.3 and 4 to dispose of the Khasmal Lease Case No.8 of 1973 and permanent lease case no.1970 of 2009 as early as possible, preferably, within a period of six months from the date of production of certified copy of this order.
It is needles to say that, before passing a reasoned order, the Collector-opposite party no.3 shall afford reasonable opportunity of hearing and production of documents to all parties concerned.
3
With such observation and direction the writ
petition is disposed of.
Issue urgent certified copy.
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S. K. Mishra, J.
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Dr. A. K. Mishra, J.
Akd/pks
2 issues framed by the court
Whether the writ application can be disposed of by directing the Collector and Tahasildar to dispose of the lease cases within six months.
Whether the Collector is required to afford reasonable opportunity of hearing and production of documents before passing a reasoned order.
Petitioner-society
Collector
Union Club
Madhusudan Memorial Swimming Club
Opposite Party No.6-Union Club
Opposite Party No.2
S. K. Mishra
Dr. A. K. Mishra
As recorded by the court registry
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