Disposed

Janakalyan Das v. State of Odisha

Orissa HC26 Mar 2021WP(C)/8177/2021

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What is this about?

This single-judge court disposed of a writ petition seeking directions to the General Administration Department to expedite the recording of a government lease in favour of the petitioner as the legal heir of the original lessee, directing a decision within six months.

What did the court decide?

Directed respondent authorities to take a decision in the matter regarding the recording of lease within six months providing opportunity of hearing.

Janakalyan Das Vs State of Odisha — Landlord and Tenant | Orissa HC (2021)

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W.P.(C) No. 8177 of 2021

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26.03.2021 Heard Mr.Banshidhar Baug, learned counsel for the petitioner and Mr.S.N.Mishra, learned Additional Government Advocate for the State-opposite parties.

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It is submitted by Mr.Baug, learned counsel for the petitioner that an area of 70 feet x 55 feet vide G.A. Plot No.1 in mouza Goutam Nagar (at present Bhubaneswar Sahara Unit No.28) in the district of Khordha was leased out in favour of mother of the petitioner, namely, Santwana Das vide registered lease deed dated 04.04.1960 executed by the General Administration Department, Government of Odisha and ROR in Khata No.2129, plot No.62 to an extent of Ac.0.088 decimal in mouza Bhubaneswar Sahar Unit-28 Goutam Nagar (for short, ‘the case land’) has been issued in her name. The lessee Santwana Das breathed her last on 09.07.1993 leaving behind her legal heir as per Annexure-3 (legal heir certificate) to the writ petition. Thereafter, the petitioner made an application on 26.09.2019 before the General Administration Department (Annexure-5) for recording of the case land in favour of the legal heirs of lessee. The status report as at Annexure-5 shows that the matter is still

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pending with General Administration Department. Hence, Mr.Baug prays for a direction to opposite party Nos. 2 and 3 to take an early decision in the matter in accordance with law.

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Mr.S.N.Mishra, learned AGA submits that he has no instruction in the matter and prays for some time to obtain the same.

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Taking into consideration the submissions made by learned counsel for the parties and the order proposed to be passed in this case, this Court feels that no fruitful purpose would be served by keeping the matter pending awaiting response from the opposite parties.

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In that view of the matter, this Court without expressing any opinion on the merit of the case, disposes of the writ petition with a direction to opposite party No.2-Director of Estate, General Administration Department and opposite party No.3-Land Officer, General Administration Department, Government of Odisha, Bhubaneswar to take a decision in the matter in accordance with law, as expeditiously as possible preferably within a six months from the date of communication/production of

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certified copy of this order giving opportunity of hearing to the parties concerned.

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A free copy of this order shall be made available to Mr.Mishra, learned AGA for compliance, who undertakes to communicate this order.

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……..……………………

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K.R. MOHAPATRA,J.

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Janakalyan Das v. State of Odisha

Case brief

What is this about?

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Janakalyan Das v. State of Odisha

Case brief

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