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2008 Supreme(Ori) 74

B.P.DAS, A.K.SAMANTARAY
Sunil Kumar Dass (dead) by L. Rs. – Appellant
Versus
Revenue Divisional Commissioner, Central Division, Cuttack – Respondent


Advocates:
For Petitioners:S/Shri Dayananda Mohapatra, D. K. Sahoo and M. Mohapatra
For Opp. Parties:Shri R. N. Acharya, Addl. Govt. Advocate and Shri S. P. Misra

JUDGMENT

B. P. DAS, J. — These two writ petitions are directed against a common order dated 20.9.2001 (Annexure-1) passed by the Revenue Divisional Commissioner, Central Division, Cuttack, in Khasmahal Lease Appeal Nos. 1 and 3 of 2000 affirming an order dated 24.12.1999 (Annexure-2) passed by the Collector, Puri, in Misc. Case No. 2 of 1999.

2. The petitioners in OJC No. 13094/2001 were the appellants in the aforesaid Khasmahal Lease Appeal No. 1/2000 while the petitioners in W.P.(C) No. 14085/2003 were the appellants in Khasmahal Lease Appeal No. 3/2000. As the petitioners in both these writ petitions challenge the same orders Annexures-1 and 2, the same were heard together. On an application filed by Sipra Das Biswas (opposite party No. 5 in OJC No. 13094/2001 and opposite party No. 4 in WP (C) No. 14085/2003), which was registered as Misc. Case No. 2 of 1999, the Collector by the aforesaid order Annexure-2 had cancelled the approval of permanent lease in B.P.L.Case No. 153/1994 in respect of Ac. 0.161 out of Ac. 0.500 on the ground that the same was obtained by suppression of real fact and practising fraud and directed the Tahsildar, Puri, to take over possession of the entire




































































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