Ashok Kumar Khuntia And Others vs State Of Odisha And Others
2023 Latest Caselaw 2421 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               W.P.(C) No. 8151 of 2023
                               (Through hybrid mode)


            Ashok Kumar Khuntia and others          ....           Petitioners

                                        Mr. S.P. Mishra, Senior Advocate
                                       Mr. Rabi Narayan Behera, Advocate

                                         -versus-

            State of Odisha and others              ....     Opposite Parties

                                                          Mr. A.K. Sharma,
                                                                     AGA



                     CORAM:
                                JUSTICE ARINDAM SINHA
                                JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

24.03.2023 W.P.(C) no.8151 of 2023 and I.A. no.3990 of 2023 Order No.

1. 1. Mr. Mishra, learned senior advocate appears on behalf of

petitioner and submits, lease revision case no.1 of 2023 has been

initiated under section 7-A(3) of Odisha Government Land Settlement

Act, 1962. On query from Court he submits, the lease was granted

under lease principles in year 1972. There was a proceeding initiated

under section 3-B in year 2000. Now a different line of attack has been

adopted by State, to try and resume his client's property.

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2. He relies on judgment of the Supreme Court in Kishore

Samrite v. State of UP reported in (2013) 2 SCC 398, paragraph-32

series, for law declared on abuse of the process.

3. Mr. Sharma, learned advocate, Additional Government

Advocate appears on behalf of State and submits, the writ petition

should not be looked into. In furthering purported challenge,

privileged communication between a functionary of State and the

Advocate General has been wrongfully been obtained and relied upon.

Without prejudice he submits, there was order dated 13th February,

2023 made in contempt by the learned Single Judge, wherein stands

recorded undertaking tendered on behalf of petitioner to appear and

cooperate for timely disposal of the lease revision case. Inspite thereof

and in violation of the rules of this Court, the writ petition does not

disclose any document in respect of the lease revision case. Mr.

Mishra hands up copy of counter-fail, signed by the Clerk-in-Charge

on 15th February, 2023 in Copy Application no. 31/15.02.2023

4. Considering that State had initiated a section 3B proceeding in

respect of the lease hold and was unsuccessful, the subsequent

initiation of the lease revision case in year 2023 comes after 50 years

of grant of the lease. In the circumstances, we made query regarding

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how much time is required for filing counter. Mr. Sharma submits,

three weeks are necessary.

5. Counter be filed by 17th April, 2023. Petitioners may file

rejoinder, to be accepted on adjourned date upon advance copy served.

6. List on 24th April, 2023. Proceedings in lease revision case no.1

of 2023 will remain stayed till next date of hearing.

(Arindam Sinha) Judge

(S.K. Mishra) Judge Sks