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2021 Supreme(Ori) 299

K.R.MOHAPATRA
Bishnu Charan Sahoo – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Mr. Bhagaban Behera, Advocate, for the Appellant; Mr. Dillip Kumar Mishra, Additional Government Advocate, for the Respondent.

ORDER

1. This matter is taken up through hybrid mode.

2. The Petitioner in this writ petition seeks to assail the order dated 15th July, 2013 (Annexure-1) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Suo Motu Rent Case No. 6525 of 2013.

3. It is submitted by Mr. Behera, learned counsel that originally the land pertaining to Sabik Plot No. 783/1386 to an extent of Ac.4.900 decimals under Sabik Khata No.233/78 of mouza Sampur under Bhubaneswar Tahasil in the district of Khurda was settled in favour of one Kunja Bihari Tripathy under the provisions of the Orissa Government Land Settlement Act, 1962 (for short 'the O.G.L.S. Act') in W.L. Case No. 858 of 1968-69. Subsequently, a suo motu revision case was initiated under Section 7-A(3) of the O.G.L.S. Act against said Kunja Bihari Tripathy in Revision Case No. 323 of 2000, which was dropped holding the lease in his favour to be valid. Said lessee Kunja Bihari Tripaty in order to meet his legal necessity applied for permission in Revenue Misc. Case No. 10 of 1989 to alienate the leasehold property and the Additional Tahasildar, Bhubaneswar vide his order dated 28th April, 1989 held that since 10 years have been

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