JUDGMENT

Ranjan Gogoi, J.-Leave granted.

2. Both the appeals are directed against two separate but identical orders dated 13.05.2009 passed by the High Court of Orissa whereby the High Court has held that no legal or valid right has accrued to the two appellants under the lease(s) granted in respect of two separate areas of land as claimed by them. As the facts of the two cases are identical, for brevity, reference to the facts in the appeal arising out of S.L.P. (C) No.14618 of 2009 [Chandradhoja Dahu versus State of Orissa and others] would suffice. Similarly, reference to the appellants, hereinafter, is being made in the singular for purpose of clarity.

3. The appellant had instituted a writ petition (W.P.(C) No. 337/2008) before the High Court of Orissa contending that sometime in the year 1979 he, as a landless person, had applied for grant of a lease of government wasteland. On the basis of the aforesaid application W.L. Case No. 71/1979 was registered in the file of the Tehsildar, Bhubaneswar. Notices were duly issued and served and the report of the Amin was called for and considered by the Tehsildar. Thereafter an order dated 26.3.1979 was passed settling the land mentioned below in favour of the appellant for agricultural purposes with the liability to pay rent as a “bagayatdui”:

“LAND SCHEDULE MOUZA–

Patia, Khata No.493, Plot No.516, Area Ac.1.107 decs 301 Area Ac 0.93 decs. Ac.2.00 ”

4. Specifically, the appellant had claimed that in the report of the Amin it was mentioned that the settlement operations of village Patia had been completed and in the Record of the Rights of the said village published in the year 1973, plot numbers 516 and 301 have been recorded as “Kanta Jungle”. However, the said land did not find any place in the reservation proceedings. As the land had not been reserved for any specific purpose it was stated in the aforesaid report that the same was surplus land. Furthermore, according to Amin, spot enquiries had revealed that there was no forest growth over the land and therefore the surplus land could be settled for agricultural purposes. Consequently, by the order dated 26.3.1979, settlement of the land was made in favour of the appellant. Thereafter, by order dated 28.5.1979, the Tehsildar had directed for correction of the Record of Rights and issuance of patta in favour of the appellant.

5. As the Record of Rights was not corrected and patta was not issued inspite of the order of the Tehsildar the appellant approached the Tehsildar once again in the year 2004. The Tehsildar called for a detailed report in the matter from the Revenue Inspector. According to the appellant, the report of the Revenue Inspector was submitted on 6.7.2004 specifically mentioning that the Record of Rights had not been corrected and patta had not been issued to the appellant and the other persons mentioned in the report of the Revenue Inspector. On the basis of the report of the Revenue Inspector dated 6.7.2004, the Tehsildar addressed a communication dated 27.8.2004 to the Sub-Collector, Bhubaneshwar, seeking his instructions as to whether the Record of Rights is to be corrected and pattas are to be issued to the concerned persons including the appellant. Despite the above, as no steps were taken in the matter the appellant moved the Board of Revenue seeking appropriate directions. The learned Board by order dated 7.1.2005 directed the Tehsildar to correct the Record of Rights in terms of the order dated 26.3.1979 passed in W.L. Case No. 71 of 1979 within a period of 15 days and, thereafter, report compliance of the action taken.

6. As the order of the Board of Revenue dated 07.01.2005 was also not implemented a Writ Petition i.e. WP(C) No.281 of 2007 was filed by the appellant before the High Court for appropriate directions commanding the respondents therein to give effect to the said order of the Board. The Writ Petition was disposed of by the High Court, at the admission stage, on 26.02.2007 directing the T