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2014 Supreme(Ori) 93

B.R.SARANGI
Rama Chandra Bastia – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner: M/s. S.K. Dash, Mr. S.K. Mishra, B. Mohapatra, A. Dhalasamanta
For Opp. Parties :Mr. P.K. Biswal, Addl. Govt. Advocate

JUDGMENT :

Dr. B.R. SARANGI, J.

The petitioner being the land holder files this application to hold that the action taken subsequent to the notification under Section 10 (1) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as 'the Act') is nonest in the eye of law and seeks to quash Annexure-3, the letter dated 24.7.2002 issued by the Director, Municipal Administration and Ex-Officio, Addl. Secretary to Government of Odisha, Bhubaneswar and further seeks to hold that since the proceeding under the Urban land (Ceiling and Regulation) Act, 1976 abated, vesting of the surplus urban land with the Government did not arise at all.

2. The epitome of the fact in the case at hand is that the petitioner being a land holder has filed his return/statement under Section 6 of the Urban land (Ceiling and Regulation) Act, 1976 in respect of class 'B' urban agglomeration. On the basis of the return/statement, draft statement was prepared under Section 8 of the Act which was communicated to the petitioner by notice No. 1083 dated 1.8.1993. The petitioner had filed his objection on 12.09.1983 and also submitted a representation on 15.11.1983 seeking for exemption under Secti























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