A statutory authority must adhere to the principles of natural justice and cannot initiate proceedings after the statutory limitation period has expired, as occurred in this case following the incorrect cancellation of a land lease.

JUDGMENT :

B.R. SARANGI, J.

1. The petitioner, by means of this writ petition, seeks to quash the order dated 02.01.2015 passed in O.G.L.S Revision No.2 of 2014 under Annexure-9, by which opposite party no.2-Collector, Khurdha has cancelled the lease sanctioned in favour of the petitioner as per Section 7-A(3) of the Odisha Government Land Settlement (Amendment) Act, 2013.

2. The factual matrix of the case, in brief, is that the petitioner had filed an application in prescribed format under the Orissa Government Land Settlement Act, 1962, (hereinafter to be referred in short as “OGLS Act, 1962”) before the competent authority on 15.04.1976 for grant of lease of a piece of land measuring Ac.4.000 dec. out of plot no.910/1126 under khata no.293 in Mouza-Nayakote for agriculture purpose. In pursuance thereof, W.L. Case No.98 of 1976 was instituted and a notice was published by the Tahasildar, Khurda inviting objections from the general public. A notice was also sent to the concerned Gram Panchayat, i.e., Olasingha G.P., where the land is situated, which was received by the then Sarapanch, Olasingha G.P. Thereafter, the Tahasildar, Khurda also directed the Revenue Inspector to cause an enquiry regarding the statements made by the petitioner in his application form. In response thereto, the R.I. enquired into the matter, as per provisions of the OGLS Act, 1962 and the OGLS Rules, 1974 about the eligibility of the petitioner regarding his landed property, income, etc., and submitted his report before the Tahasildar for settlement of the land. After due enquiry and after receipt of the report from the Panchayat, following due procedure as laid down in the statute, the Tahasildar leased out one acre of land in favour of the petitioner, vide order dated 26.08.1978.

2.1 As per the order of the Tahasildar, the R.I. went to the spot and after necessary measurement, handed over possession of the land to the petitioner. The Tahasildar also issued Form ‘K’ in favour of the petitioner. Since then the petitioner is in peaceful possession of the land till date.

2.2 While the matter stood thus, on the report of opposite party no.3-Sub-Collector, Khurdha, opposite party no.2-Collector, Khurda initiated a proceeding under Section 7-A(3) of OGLS (Amendment) Act, 2013 by instituting OGLS Revision No.2 of 2014 and issued a show-cause notice dated 12.08.2014 to the petitioner alleging that the land has been settled in his favour under a mistake of fact and on account of material irregularity of procedure.

2.3 After receiving the show-cause notice, the petitioner filed his show-cause reply dated 09.09.2014 (Annexure-8) in OGLS Revision No.2 of 2014 annexing all the documents, which he had received under the Right to Information Act, 2005, denying and disputing all the allegations. It was specifically submitted by the petitioner that before granting lease in his favour, the provisions of the OGLS Act, 1962 and the OGLS Rules, 1974 had been properly followed and there was no irregularity in granting lease in his favour. It was further stated that the findings given by the Sub- Collector in his enquiry report, which formed the basis for initiation of the revision proceeding, have no basis at all and perverse, for which dismissal of the revision case was prayed.

2.4 Opposite party no.2-Collector, Khurdha, without verifying the documents filed by the petitioner and without considering the objection filed by the petitioner and without taking into account the material evidences available on record in their proper perspective, passed the impugn