Authority cannot cancel confirmed leases under a different statute, maintaining jurisdiction of High Court to intervene when lower authority exceeds legal bounds.

JUDGMENT :

1. This matter is taken up through hybrid mode.

2. Petitioner in this writ petition seeks to assail the order dated 31^st May, 2013 (Annexure-4) passed by Assistant Settlement Officer, Rental Conoly, Bhubaneswar-Opposite Party No.2 in Objection Case No.16409 of 2013. The Petitioner also assails the order dated 8^th August, 2013 (Annexure-8) passed by Additional Sub-Collector, Bhubaneswar-Opposite Party No.3 in Suit No.1437 of 2013, which was filed by the Petitioner assailing the order under Annexure-4. The Petitioner further prays for a direction to the Assistant Settlement Officer, Rental Conoly, Bhubaneswar- Opposite Party No.2 to issue ROR in respect of the land in question in favour of the Petitioner.

3. Mr. Misra, learned Senior Advocate appearing for the Petitioner submits that land pertaining to Plot No.582 in Khata No.541 of Village Patharagadia under Bhubaneswar Tahasil in Khurda District to an extent of Ac.2.000 dec. (for brevity ‘the case land’) was leased out in favour of Smt. Bilasini Biswal vide order dated 25^th October, 1979 by the Tahasildar, Bhubaneswar in WL Case No.1787 of 1978. Subsequently, a suo motu revision under Section 7 -A (3) of the Odisha Government Land Settlement Act, 1962 (for brevity ‘the OGLS Act’) was initiated by the Additional District Magistrate, Bhubaneswar and the lease granted in favour of said Smt. Bilasini Biswal was cancelled vide order dated 20^th October, 1981 in Lease Revision Case No.246 of 1981. Assailing the same, said Smt. Bilasini Biswal moved this Court in OJC No.1375 of 1982, which was disposed of vide order dated 2^nd May, 1981 remitting the matter to the Additional District Magistrate, Bhubaneswar for fresh adjudication of the lease revision case providing opportunity of hearing to the parties. However, the Additional District Magistrate, Bhubaneswar reiterated his earlier order by cancelling the lease in favour of Smt. Bilasini Biswal vide order dated 23^rd July, 1990. Being aggrieved, Smt. Biswal again moved this Court in OJC No.640 of 1998. This Court, vide order dated 2^nd February, 1998, disposed of the petition setting aside the order cancelling the lease and remitted the matter to the Additional District Magistrate, Bhubaneswar for fresh disposal. On remand, the Additional District Magistrate, Bhubaneswar confirmed the lease granted in favour of Smt. Bilasini Biswal vide order dated 5^th April, 1999. The said order was never challenged and attained finality. When the matter stood thus, the Petitioner purchased the case land from the lessee, namely, Smt. Bilasini Biswal vide RSD dated 26^th May, 2000 (Annexure-1) and was delivered with possession. Thereafter, the Petitioner approached the Tahasildar, Bhubaneswar for issuance of ROR in his favour. However, he was informed that the lease granted in favour of Smt. Bilasini Biswal, the lessee, was cancelled in Objection Case No.16409 of 2013. Be it stated here that by the time the Petitioner applied for issuance of ROR in his favour, settlement operation had already commenced in the area. During settlement operation ‘Yaddast’ of the case land was prepared in favour of the Petitioner acknowledging his possession over the case land and endorsing that the Petitioner was paying the rent regularly. Draft ROR (Parcha) under Section 12 of the Odisha Survey and Settlement Act, 1958 (for brevity ‘the Settlement Act’) was also prepared in the name of the Petitioner during March, 2013 (Annexure-3). But, the Assistant Settlement Officer for th