Sk.Mohammad vs Adm,Bhubaneswar
2014 Latest Caselaw 24 Del

                             W.P.(C) NO.3039 OF 2011




3. 02.01.2014                Heard    Mr.S.P.Mishra,    learned   Senior   Advocate
                appearing for the petitioners and Mr.Bhuyan, learned Additional
                Government Advocate appearing for the State-opposite parties.
                2.           Although various contentions raised by Mr.Mishra,
                learned Senior Advocate appearing for the petitioners challenging
                the order dated 04.07.1989 passed under Annexure-3 by the
                Additional District Magistrate, Bhubaneswar in Revision Case
                No.22 of 1989 he confines his submission to the plea of violation of
                natural justice and breach of provision of Section 7-A(3) of Orissa
                Government Land Settlement Act, 1962. Admittedly, case of the
                petitioner is that he has purchased a part of the land settled in
                favour of Panchu Behera by registered sale deed dated 18.12.1981
                and from that date he claims to be in vacant possession of the land
                he claims that no notice of the proceeding issued to him. On
                perusal of records produced by the State Counsel it reveals that
                Panchu Behera passed away in the interregnum period and his son
                entered appearance on his behalf in course of the proceeding and
                claims to be in possession of the suit land.
                3.           without entering into merits of the rival claims, we are
                of the considered view that since the petitioner has claimed to have
                purchased the land in question vide registered sale deed in the year
                1981 and the Revisional proceeding was initiated only in the year
                1989, the petitioner had a right to be noticed and given an
                opportunity of hearing.
                             Therefore, without entering into merits of the claim
                and objection raised, we quash the impugned order dated
                04.07.1989 passed under Annexure-3 by the Additional District
ss
                Magistrate, Bhubaneswar in Revision Case No.22 of 1989 and
                direct the petitioner to appear before the A.D.M., Bhubaneswar on
                3rd of February, 2014 either in person and/or through his counsel,
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on which date, learned A.D.M., Bhubaneswar shall do well to fix up
the date of hearing and deal with the matter afresh in accordance
with law at the earliest providing opportunity of hearing to the
parties concerned, including the legal heirs of Panchu Behera.
However, it is made clear that the A.D.M., Bhubaneswar shall pass
orders without in any manner being influenced by any observation
made hereinabove. Till then, status quo as on date, with regard to
possession shall be maintained vis-à-vis nature and character of
the property in question shall remain intact and no 3rd party
interest shall be created by the petitioner.
4.             With the above observation and direction, the writ
petition is disposed of.
               Issue urgent certified copy of the order on proper
application.


                                                 ......................
                                                 I.Mahanty, J.

.............................. B.N.Mahapatra, J.