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2021 Supreme(Ori) 164

K.R.MOHAPATRA
Gandharba Behera – Appellant
Versus
State Of Odisha – Respondent


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

ORDER

1. This matter is taken up through video conferencing mode.

2. The Petitioner in this writ petition seeks to assail the order dated 5th September, 2013 (Annexure-1 series) passed by the Additional Sub-Collector, Bhubaneswar in Settlement Appeal No.1113 of 2013, whereby the order dated 15th July, 2013 (Annexure-1 series) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Suo Motu Rent Objection Case No. 5551 of 2013 has been confirmed.

3. Mr. Behera, learned counsel for the Petitioner submits that the land in question was leased out in favour of one Kunja Bihari Tripathy in W.L. Case No.858 of 1968-69, who was ex-army personnel. Subsequently, resumption proceeding was initiated under Section 3-b of the Odisha Government Land Settlement Act, 1962 (for short 'the O.G.L.S. Act'), which was dropped pursuant to the order passed in Lease Revision Case No.323 of 2000. Said lessee Kunja Bihari Tripathy 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 holding that 10 years have been elapsed from the dat

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