The resumption of land under Section 3-B cannot be solely based on observations of land lying fallow; substantial evidence of actual non-use for its intended purpose is required.

JUDGMENT :

1. This matter is taken up through hybrid mode.

2. Petitioner in this writ petition seeks to assail the order dated 2^nd July, 2024 (Annexure-9) passed by the Additional Tahasildar, Bhubaneswar in WL Case No.1278 of 1974 initiated under Section 3 -B of the Odisha Government Land Settlement Act, 1962 (for brevity ‘the Act’) whereby, the lease granted to the lessee was resumed. The Petitioner also prays for a direction to the authorities to prepare the RoR in the name of the Petitioner.

3. Shorn of unnecessary details, WL Case No.1278 of 1974 was initiated by the Tahasildar, Bhubaneswar and Plot No.1958 of Khata No.805 to an extent of Ac.1.000 dec. under mouza- Andharua in the district of Khordha (previously in the district of Puri) (for brevity ‘the case land’) was leased out in favour of one Kumar Swain, son of Indira Swain of Andharua (for brevity ‘the lessee’). After death of the lessee, his widow, namely, Hara Bewa obtaining permission of the Revenue Officer, sold the case land to the Petitioner vide RSD No.3336 dated 15^th January, 1982 (Annexure-1) for legal necessity and delivered possession. Since then, the Petitioner possesses the case land exercising her right, title and interest thereon. When the matter stood thus, the Additional District Magistrate, Bhubaneswar initiated Revision Case No.169 of 1986 against the lessee, namely, Kumar Swain under Section 7 -A (3) of the Act and the lease was cancelled vide order dated 23^rd July, 1987. Since the Petitioner was not afforded with any opportunity of hearing in Revision Case No.169 of 1986, she approached this Court in OJC No.10590 of 1996 and this Court, vide order dated 23^rd June, 1997, set aside the order dated 23^rd July, 1987 and remitted the matter to the Additional District Magistrate, Bhubaneswar for fresh hearing of the Revision Case providing opportunity of hearing to the Petitioner. Accordingly, the Additional District Magistrate, Bhubaneswar heard the Revision Case afresh and vide his order dated 31^st October, 2020, confirmed the lease granted in WL Case No.1278 of 1974. He, further held the transfer of the case land by Hara Bewa to the Tilottama Bahinipati (the Petitioner) to be established as per the evidence and materials on record. Accordingly, the Petitioner applied for mutation of the case land in her name. Form-K was issued by the Tahasildar, Bhubaneswar on 8^th June, 2001. Since the settlement operation in the area had already commenced by then, the Petitioner produced all documents before the Assistant Settlement Officer, Camp Court, Bhubaneswar on 15^th July, 2013. However, the Assistant Settlement Officer, Camp Court, Bhubaneswar directed to record the land in the name of the State Government. Assailing the same, the Petitioner filed Suit No.1153 of 2013 under Section 22 (2-b) of the Odisha Survey and Settlement Act, 1958 (for brevity ‘the Settlement Act’). The Additional Sub- Collector, Bhubaneswar disposed of the Appeal vide order dated 5^th September, 2013 directing the Petitioner to approach the Tahasildar, Bhubaneswar or any other forum for redressal of her claim. As the Tahasildar, Bhubaneswar lacked jurisdiction to entertain the grievance of the Petitioner and it was not redressed by the Additional Sub-Collector, Bhubaneswar, the Appellate Authority, Petitioner moved this Court in W.P.(C). No.3456 of 2014. However, taking into consideration that final RoR under Section 12 -B of the Settlement Act was published by then, this Court, vide order dated 4^th April, 2018, declined to interfere with the matter and disposed of the writ petition advising the Petitioner to file revision before