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2012 Supreme(Ori) 34

B.N.MAHAPATRA, V.GOPALA GOWDA
Bodhiram Sethy Bhimasen Ojha – Appellant
Versus
(In both the cases) Tahasildar, Dharmasala – Respondent


Advocates appeared:
For Petitioners: M/s. Manas Mohapatra, L.N. Sahoo, S.K. Routray, S. Mohanty, R.P. Kar and A.N. Ray
For Opp.Party :Addl. Govt. Advocate

JUDGMENT

V. GOPALA GOWDA, C.J. - Since both the writ petitions involve similar questions of fact and law, they are taken up together for analogous hearing and are being disposed of by this common judgment.

2. The petitioners, who are licensees for the sairat quarries, being aggrieved by the lease agreement cancellation orders dated 13.05.2011 passed by the Tahasildar, Dharmasala under Annexures 5 & 4 respectively, have prayed this Court to :

(a) issue appropriate writ/writs against the opp. party;

(b) quash the orders dated 13.05.2011 .vide Annexures-5 & 4: and

(c) direct the opposite party not to intervene in the operation right of the petitioners as per the terms of the lease agreements.

Though the petitioners in both the cases have sought for quashing the order under Annexures-5 & 4 respectively, learned counsel appearing for the petitioners during the course of hearing, filed memos indicating that the petitioners do not want to press the prayers made in these writ petitions and they only pray for issuance of a direction to the opposite party-Tahasildar, Dharmasala to refund the bid amount as well as the expenditure incurred by them towards purchase of stamp duty and payment of regi





















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