Reason: Authentication

Location: High Court of Orissa, Cuttack

Date: 22-Sep-2025 11:51:17

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 4073 OF 2017

(An application under Articles 226 & 227 of the Constitution of India)

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1. Ch ittaranjan Das 2. Satyaranjan Das

…… Petitioners

-Versus-

1. State of Odisha

2. Sub-Collector, Bhubaneswar

3. Addl. District Magistrate, Bhubaneswar

4. Tahasildar, Jatani

5. General Administrative Department,

represented through its Secretary, G.A Department,

Bhubaneswar

.…… Opp. Parties

Advocates appeared:

For Petitioners : Mr. Sanatan Das, Advocate

For Opp. Parties : Mr. Manmaya Kumar Dash,

Additional Standing Counsel

CORAM :

MR. JUSTICE K.R. MOHAPATRA MISS JUSTICE SAVITRI RATHO

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Heard and disposed of on 19.09.2025

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JUDGMENT

By the Bench;

1. This matter is taken up through hybrid mode.

Reason: Authentication // 2 //

Location: High Court of Orissa, Cuttack Date: 22-Sep-2025 11:51:17

2. The Petitioners in this writ petition seek to assail the order dated 9^th March, 1983 (Annexure-1) passed by learned Additional District Magistrate, Bhubaneswar in Lease Revision Case No.222 of 1982, wherein the lease granted in favour of mother of the Petitioners, namely, Basanti Lata Das, has been cancelled and it was directed to take possession of the leasehold property from the mother of the Petitioners.

3. Mr. Das, learned counsel for the Petitioners submits that the mother of the Petitioners being the landless person, was settled with the Plot No.597/1447 under Khata No.255/217 (Sabik Plot No.597 under Sabik Khata No.359) to an extent of Ac.0.100 decimals situated in Ogalpada Mouza in the district of Khurda (for brevity ‘the case land’) vide order dated 16^th March, 1981 passed by the Tahasildar, Bhubaneswar in W.L. Case No.163 of 1981. Subsequently, suo motu Lease Revision Case No.222 of 1982 was initiated by learned Additional District Magistrate, Bhubaneswar under Section 7-A(3) of the Odisha Government Land Settlement Act, 1962. Without providing adequate opportunity to the mother of the Petitioners, the lease was cancelled vide order under Annexure-1 on the ground that the Tahasildar, Bhubaneswar had not enquired about the financial status of the mother of the Petitioners and the case land was reserved for communal development purpose. Ignoring the same, the lease was granted in favour of the mother of the Petitioners. It is also observed that the mother of the Petitioners, in spite of Reason: Authentication // 3 //

Location: High Court of Orissa, Cuttack Date: 22-Sep-2025 11:51:17 receipt of notice, did not prefer to file any objection to the show cause notice. Although the impugned order was passed on 9^th March, 1983, but, it was never communicated either to the mother of the Petitioners during her life time or to the Petitioners. The Petitioners came to know about the impugned order from the locality and Petitioner No.1 applied for the certified copy of the same, which was made available to them on 7^th September, 2016, wherefrom they were confirmed that the lease granted in favour of their mother has been cancelled. Accordingly, they obtained the relevant records on 20^th January, 2017 and filed the present writ petition. It is also submitted that the Petitioners are still in possession over the case land and residing thereon by constructing their residential house. Hence, Mr. Das, learned counsel for the Petitioners prays for setting aside the impugned order under Annexure-1 and to remit the matter to learned Additional District Magistrate, Bhubaneswar for fresh adjudication of Lease Revision Case No.222 of 1982 giving them an opportunity of hearing.

4. Mr. Dash, learned Additional Standing Counsel vehemently objects to the submission made by learned counsel for the Petitioners. It is his submission that the mother of the Petitioners by misrepresenting the required materials had obtained the lease in her favour. The mother of the Petitioners