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2018 Supreme(Ori) 644

VINEET SARAN, B.R.SARANGI
Netrananda Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner:M/s. P.K.Mohapatra, S.K.Jena and (Mrs.) M. Rout, Advocates
For Opp. parties :Mr. B.P. Pradhan, Addl. Government Advocate [O.Ps. No.1 to 4]
Mr. S.P.Mishra, Senior Advocate along with M/s S. K. Mishra, S. Mishra and S.Dash, Advocates. [O.P. No. 5]

JUDGMENT

Dr. B.R. SARANGI, J. - The petitioner, a retired Government servant, has filed this application challenging the inaction of the authority in not delivering the possession of homestead leasehold land in his favour, though lease had been granted vide Lease Case No.88 of 1964 by the then Revenue Divisional Commissioner, Northern Division, Sambalpur under Urban Land Settlement Act.

2. The factual matrix of the case, in hand, is that the petitioner is a land less person inasmuch as his entire landed property, including house and homestead, had been acquired for construction of NALCO project. Consequentially, after retirement, he was staying in a rented house at Angul. A piece of land measuring Ac.0.12 decimals out of plots no.309/2 and 310/2 (2 decimals from plot no.309/2 and 10 decimals from plot no.310/2) in Angul town was sanctioned on lease basis for homestead purpose in favour of the petitioner by the then Revenue Divisional Commissioner, Northern Division, Sambalpur vide Angul Town Lease Case No.88 of 1964. After getting notice from the competent authority on the sanction of the lease, the petitioner deposited the premium amount and thereafter the lease deed was execute


























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