Prafulla Chandra Sahoo vs State Of Orissa & Ors
2023 Latest Caselaw 11707 Ori

                                       1




            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           W.P (C) No.8442 of 2010

Prafulla Chandra Sahoo               .....                               Petitioner
                                            Mr. R. Acharya, Advocate on behalf
                                            of Mr.D.B. Das, Advocate

                                     Vs.

State of Orissa & Ors.               .....                       Opposite Parties
                                                              Mr. S. Nayak, ASC

             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE MURAHARI SRI RAMAN
                                            ORDER

26.09.2023

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. R. Acharya on behalf of Mr. D.B. Das, learned counsel appearing for the petitioner and Mr. S. Nayak, learned Additional Standing Counsel appearing for the State-opposite parties.

3. The petitioner has filed this writ petition seeking to quash the order dated 11.08.1998 passed in Revision Case No.905 of 1998, by which the Additional District Magistrate, Khurda, while cancelling the lease granted to the petitioner in Case No.2888 of 1974, directed the Tahasildar, Bhubaneswar to correct the records, take back possession of the land and to ensure its induction in the appropriate Government khata and further to issue direction to the opposite parties to accept the rent in respect of the said lands from the petitioner and by so

directing dropped the Revision Case No.905 of 1998.

4. Mr. R. Acharya on behalf of Mr. D.B. Das, learned counsel appearing for the petitioner contended that the petitioner is the purchaser of the lease property. Without impleading him as party, the revisional authority has initiated the proceeding and passed the order behind his back. It is further contended that the case of the petitioner is covered by the judgment of this Court in Bata Krushna Nayak v. State of Orissa, 2010(I) OLR 723. Therefore, direction may be issued to the authority to consider the case of the petitioner in the light of Bata Krushna Nayak (supra).

5. In view of such position, this Court quashes the order dated 11.08.1998 passed by the Additional District Magistrate, Khurda in Revision Case No.905 of 1998 and remits the matter to the very same authority to reconsider the case of the petitioner in terms of the judgment of this Court in Bata Krushna Nayak (supra).

6. With the above observation and direction, the writ petition stands disposed of.

                                                               (DR. B.R. SARANGI)
                                                                    JUDGE



               Alok                                              (M.S. RAMAN)
                                                                    JUDGE
Signature Not Verified
Digitally Signed
Signed by: ALOK RANJAN SETHY
Designation: Secretary
Reason: Authentication
Location: Orissa High Court
Date: 26-Sep-2023 16:48:04