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 leasehold land measuring Ac. 0.500. The order Annexure-2 was challenged in two appeals before the Revenue Divisional Commissioner, Central Division, Cuttack, registered as Khasmahal Lease Appeal Nos. 1 and 3 of 2000, but the said appellate authority vide order Annexure-1 having affirmed the order of the Collector Annexure-2, being aggrieved these two Writ Petitions have been filed by the respective petitioners.

3. Before entering into the facts, it would be appropriate to notice the relationship of the contesting parties from the following genealogy as set out in O.J.C.No. 13094/2001 :

Chandi Charan Das (died 4.11.1943)

= Khagendra Bala Dassi (died 12.7.1948)

4. The dispute in both the Writ Petitions relates to a Govt. Khasmahal leasehold property, situated in Puri town having an extent of Ac. 0.500 of land. From the facts set out in OJC No. 13094 of 2001, it appears that on 1.4.1943 Smt. Khagendra Bala Dassi, wife of Chandi Charan Dass, with the permission of the Govt. of Orissa got the said leasehold property by assignment and/or transfer from another lessee during the subsistence of the lease which was for a period of thirty years and was to continue till 18.10.1965. On 2.5.1948 said Khagendra Bala Dassi executed her last Will in favour of her six sons, namely, Hrishikesh Dass, Bisweswar Dass, Maheswar Dass, Jogeswar Dass, Moni Mohan Dass, and Jagadish Dass. Khagendra Bala having died on 12.7.1948, the Will executed by her was administered in the year 1950.

5. Hrishikesh, the father of original petitioner No. 1-Sunil Kumar Dass and also opposite party No. 5-Sipra Das Biswas in OJC No. 13094/2001, had 1/6th interest in the aforesaid leasehold property of Ac. 0.500 of land. Sunil Kumar Dass having died during pendency of the writ petition, his legal heirs have been substituted in his place as petitioner Nos. 1/a, 1/b and 1/c. On 14.11.1966 Hrishikesh had executed a Will in favour of his wife Amiya Dass stating :

“I give, devise and bequeath all my real and personal estates including monies lying in my name in any Banks to my wife the said Srimati Amia Dass absolutely forever.”

On 18.6.1972 the State Government renewed the lease of the aforesaid leasehold of Ac. 0.500 dec. of land in favour of Hrishikesh and his other five brother/co-sharers, namely, Joges¬war, Moni Mohan, Bisweswar, Maheshwar and Jagdish for thirty years with effect from 19.10.1965. Hrishikesh died on 3.9.1972 leaving behind his legal heirs, namely, widow Amiya Dass, two sons namely Sunil Kumar Dass and Ajit Dass, and three daughters namely Sipra Dass Biswas, Ellora Paul and Ajanta Dass. Thereafter the Will executed by Hrishikesh on 14.11.1966 was probated by the District Judge, Alipore, which, according to the petitioners, was made on the consent of Sipra Das Biswas and the entire 1/