The court reaffirmed that failing to provide proper notice to affected parties violates principles of natural justice, rendering administrative orders void.

JUDGMENT :

MURAHARI SRI RAMAN, J.

THE CHALLENGE :

The petitioner, transferee of leasehold property of Late Bauri Muduli @ Bauribandhu Muduli, assails Order dated 30.11.1987, copy of which is at Annexure-4, passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.417 of 1983 (arising out of Waste Land Lease Case No.1466 of 1973) in exercise of powers conferred under Section 7A(3) of the Odisha Government Land Settlement Act, 1962, (for brevity referred to as “OGLS Act”) cancelling the lease granted by the Tahasildar, Bhubaneswar as also consequential Order dated 30.06.1990 (Annexure-5) passed by said Tahasildar with a direction to the Record Keeper to correct Record-of-Rights, with the following prayer(s):

“Under the aforesaid circumstances, more fully narrated hereinabove the petitioner most humbly prays that this Hon’ble Court may graciously be pleased to admit this writ application, issue rule NISI calling upon the opposite parties to show cause:

A. As to why a writ of certiorari or any other appropriate writ/writs shall not be issued in quashing the impugned order of cancellation of lease under Section 7A(3) of the OGLS Act, 1962 dated 30.11.1987 under Annexure-4 and the Order dated 30.06.1990 passed by the opposite party No.3 under Annexure-5, with a direction to the opposite party No.3 to mutate the purchased land in favour of the petitioner in accepting rent revenue as per Registered Sale Deed/allotment Order vide Annexure-3; and

B. If the opposite parties fail to show cause or show insufficient cause, to make the said rule absolute;

C. And pass such other order/orders and to issue such other writ/writs which would afford complete relief to the petitioner ***”

CASE OF THE PETITIONER AS OUTLINED IN THE WRIT PETITION

2. Facts as adumbrated in the writ petition reveal that Bauri @ Bauribandhu Muduli, the father of the opposite party Nos. 5 and 6, a landless person, having applied before the Tahasildar, Bhubaneswar for a lease of Government land, Plot No.18 in Khata No. 326 measuring an area Ac. 0.200 decimals in Mouza Nuagaon under Chandaka P.S., Bhubaneswar was granted by said authority vide Order dated 20.02.1974 passed in Waste Land Lease Case No. 1466 of 1973.

2.1. The original lessee-Bauribandhu Muduli has mutated the land in the year 1974 and Record-of-Right was issued with status of land “Sthitiban” and rent schedule has also been made by the Tahasildar, Bhubaneswar vide Registrar No. 1 under Khata No. 276/64 with Plot No. 18/970 having an Area of Ac.0.200 decimals.

2.2. The land in question was issued no objection certificate by the Bhubaneswar Development Authority for transfer of the land by way of sale in respect of Khata No. 276/64 and Plot No. 18/970 having an Area of Ac.0.200 decimals in favour of the original lessee-Bauribandhu Muduli. Then the lessee-Bauribandhu Muduli executed a General Power of Attorney in favour of Golapi Behera, opposite party No. 7 bearing GPA Document No. 5380 of 2009 dated 30.06.2009. The original lessee after obtaining necessary permission under Section 22 of the Odisha Land Reforms Act, 1960, transferred the entire leasehold land through his General Power of Attorney Holder-opposite party No. 7, who happens to be wife of the instant petitioner, and delivered possession thereof to the petitioner in the year 2010, after completion of 12 years of possession vide R.S.D. No. 13175/2010 dated 03.02.2010.

2.3. After purchasing the land, while trying for mutation of the land, the petitioner could come to know about cancellation of aforesaid lease granted in favour of Bauribandhu Muduli. Upon enquiry it could come to f