P.K.MOHANTY, S.K.RAY
SHEIK KHALILUR RAHEMAN – Appellant
Versus
ESTATE OFFICER – Respondent
S. K. RAY, J.
( 1 ) THIS is an application by a lessee of the State of Orissa to quash Annexure 1 (final order of O. P. No, 1) and Annexure 4 (appellate order) passed in eviction proceedings under the Orissa Public Premises (Eviction of Unauthorised occupants) Act, 1972 (hereinafter referred to as the Act ). The petitioner obtained lease of a piece of land measuring 45 ft. x 80 ft. in extent comprised in plot No. 15a situated in Unit' No. 1 at Bapuji Nagar from the State of Orissa. The lease deed was executed on 20-9-1970 and possession was delivered through the Revenue Inspector of P. and S. Department on 9-21971. At the time of allotment a plan of the leasehold premises was prepared which in this case is drawing No. C. 5417. According to it the leasehold property was bounded as follows:--North --Plot No 15-B south --Plot No. 15 east --Govt. land and road, and West --18' wide lane.
( 2 ) IT is admitted that the usual procedure at the time of delivery of possession of the leasehold property is to make out a possession report signed by the allottee and the Revenue Inspector of P. and S. Department and a copy of such report is delivered to the allottee and another copy is retained
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