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2021 Supreme(Ori) 18

B.P.ROUTRAY
Shikha Bhowmick – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Ramakanta Mohanty, Sr.Advocate
For the Respondent:Mr.Mahitosh Sinha, Advocate

JUDGMENT :

B.P. Routray, J.

1. The orders of the Collector, Puri and the Revenue Divisional Commissioner, Central Division, Cuttack vide Annexures-4 & 5 respectively, passed under the provisions of Odisha Government Land Settlement Act and Rules have been assailed by the Petitioners.

2. Babu Ashutosh Mallick (since deceased), who is the common ancestor of Opposite Party Nos.5 to 27, was granted Khasmahal lease of the land appertaining to Plot No.500, measuring Ac.0280 dec. (presently Plot No.147, area Ac.298 dec) of Mouza Nolia Sahi under Balukhanda Khasmahal, Unit No.12, Hal Khata No.33, Holding No.716, Circle No.X under Puri Municipality. The lease was for a period of thirty years effective from 2nd December, 1919 to 1st December, 1949. On expiry, it was renewed twice for the period from 2nd December, 1949 to 1st December, 1979 and from 2nd December, 1979 to 1st December, 2009. Babu Ashutosh Mallick had four sons, namely, Jyoti Prasad Mallick, Amiya Prasad Mallick, Radha Gobindo Prasad Mallick and Shiva Prasad Mallick. Both the extensions were made in favour of the Legal Representatives (LRs) of Babu Ashutosh Mallick.

3. A building namely, ‘Ashu Bhawan’ was constructed over the lease

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