The court ruled that administrative bodies must act within jurisdiction, and violations of due process make orders void, reinforcing the court's authority to intervene in such instances.

Judgment :

By the Bench;

1. This matter is taken up through hybrid mode.

2. Petitioner in this writ petition seeks to assail the order dated 15^th July, 2013 (Annexure-3) passed by the Assistant Settlement Officer, Rental Colony, Bhubaneswar in Objection Case No.10126/2013.

3. Mr. Nayak, learned counsel for the Petitioner submits that one Ganeswar Sahoo, being a landless person, applied for a piece of Government land to be settled in his favour. Accordingly, W.L. Case No.1057 of 1978 was initiated and vide order dated 30.10.1978, the Tahasildar, Bhubaneswar settled Hal Plot No.5928 of Hal khata No.2053 of village-Andharua to an extent of Ac.1.00 decimals (for brevity ‘leasehold property’) in favour of said Ganeswar Sahoo by way of a lease. A lease deed was also executed in his favour and RoR in respect of the leasehold property was also published in favour of the lessee. When the mater stood thus, the Additional District Magistrate, Bhubaneswar initiated a suo motu proceeding under Section 7-A (3) of the Odisha Government Land Settlement Act, 1962 (for brevity ‘the OGLS Act’) in Revision Case No.10 of 1982 and vide order dated 08.01.1988, cancelled the lease granted in favour of said Ganeswar Sahoo. By then the lessee, namely, Ganeswar Sahoo was dead. Thus, being aggrieved, his widow namely, Arnapurna Sahoo moved this Court in OJC No.13505 of 1999 before this Court. The said writ petition was allowed vide order dated 04.02.2000 by setting aside the order dated 08.01.1988 and remitting the matter back to the Additional District Magistrate, Bhubaneswar for fresh disposal of the Revision Case in accordance with law. Accordingly, the Additional District Magistrate, Bhubaneswar considered the Revision Case afresh and vide order dated 29.05.2000 upheld the lease granted in favour of said Ganeswar Sahoo, in WL Case No.10507 of 1978.

3.1. Thereafter, the widow and son of said Ganeswar Sahoo alienated Ac.0.027 decimals out of the leasehold property in favour of the Petitioner vide Registered Sale Deed dated 31^st December, 2001. Accordingly, the Petitioner applied for mutation of the land in her name and mutation RoR was prepared in her name by creating a separate plot vide Plot No.2708/3274 under Khata No.645/148 to an extent of Ac. 0.027 dec. in mouza-Andharua under Bhubaneswar Tahasil in the district of Khordha (for brevity ‘case land’).

3.2. Thus, the Petitioner possesses the case land exercising her right, title and interest thereon. During current settlement operation, preliminary RoR under Section 12 of the Odisha Survey and Settlement Act, 1958 (for brevity, ‘the Settlement Act’) was prepared in the name of Government. Thus, the Petitioner filed objection. The said objection was registered as Objection Case No.10126/2013 and was heard along with Objection Case No.9577/13/2863. The Petitioner was never served with any notice of hearing of the said case. However, the Assistant Settlement Officer, Rental Colony, Bhubaneswar most illegally sat over the order passed in a lease case under the OGLS Act and impliedly set aside the lease granted in favour of the lessee, Shri Ganeswar Sahoo, which is without jurisdiction. Subsequently, the final RoR under Section 12-B of the Settlement Act in respect of the case land was published in the name of the Government on 21.11.2013. Thus, the Petitioner could not get any opportunity to file any Appeal under Section 12-A of the Settlement Act. Further, the order passed in the objection case, being without jurisdiction, the Petitioner without filing any revision under Section 15(b) of the Settlement Act has filed this writ petition. It is his submis