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1991 Supreme(Ori) 261

R.C.PATNAIK, P.C.MISRA, G.B.PATNAIK
BASANTI KUMARI SAHU – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
B. Pal, N. Prusty and R. Behera, for the Appellant; A.G., Additional Government Advocate and M. Patra, M.R. Patra, D. Deo and Ashok Dash, for the Respondent

JUDGMENT :

R.C. Patnaik, J. - This is an application under Articles 226 and 227 of the Constitution of India for the quashing of the decision of the Board of Revenue dated 14-7-1981 as per Annexure-6 rendered in O. E. A. Revision Case No. 31 of 1978, by way of judicial review in exercise of our certiorari jurisdiction.

2. Lord Lingaraj Mahaprabhu, opp. party No. 3; was the intermediary of the disputed property--115 decimals in extent appertaining to plot No. 2223, under Khata No. 1 of mouza Bhubaneswar. The petitioner made an application for grant of permanent lease. The Trust Board of opp. party No. 3 decided to grant the lease and fixed the salami and rent payable. The petitioner paid Rs. 1200/- on 25-11-1972. She paid rent and ownership certificate was granted to her on 24-3-1973. See has alleged that by acceptance of rent, she acquired tenancy right in respect of the property and upon the vesting of the estate with effect from 18-3-1974 by operation of law, she held the land as a tenant under the State. Pursuant to the grant of ownership certificate to her in the year 1973, she had constructed a compound wall around the land and constructed two rooms over it.

3. In August, 1976, V



























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