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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 28914 of 2020

Raja Kishore Satapathy

….

Petitioner

Mr. Bhagaban Behera, Advocate

-versus-

State of Odisha and others

….

Opp. Parties

Mr. Swayambhu Mishra,

Additional Standing Counsel

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

12.05.2022

2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order

dated 15^th July, 2013 (Annexure-1) passed by the Assistant

Settlement Officer, Rental Colony, Bhubaneswar in Suo Motu Rent

Case No. 6757 of 2013.

3.

It is submitted by Mr. Behera, learned counsel that originally the

land pertaining to Sabik Plot No.784/1383 to an extent of Ac.2.650

decimals under Sabik Khata No.233/73 of mouza Sampur under

Bhubaneswar Tahasil in the district of Khurda was settled in favour of

one A. Ladukeswar Pradhan under the provisions of the Orissa

Government Land Settlement Act, 1962 (for short ‘the O.G.L.S. Act’) in

W.L. Case No. 167 of 1966-67. Subsequently, in obedience to orders

passed by this Court in OJC No.9449 of 1993, a suo motu revision case

was initiated under Section 7-A(3) of the O.G.L.S. Act against said A.

Ladukeswar Pradhan in Lease Revision Case No.313 of 2000, However,

said revision case was dropped, as the sanction of lease was found lawful.

A. Ladukeswar Pradhan in order to meet his legal necessity, transferred

the total Ac.2.650 decimal land in favour of one Sudhakar Parida (OP

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No.7) vide RSD No.1358 dated 14^th February, 1979 (as rectified vide

Regd. Deed No.2061 dated 9^th March, 1980). And thereafter, Opposite

Party No.7 sold an area Ac.0.100 decimal out of said Ac.2.650 decimal

to Opposite Party No.8-R.Tirupati Rao, who mutated the same in his

name vide Mutation Plot No.1383/1568 under Mutation Khata

No.224/72 kisam Baje Fasal-III (for short, ‘the case land’). Ultimately,

the Petitioner purchased the case land vide RSD No.2902 dated 9^th May,

2001. Since then, the Petitioner is in peaceful possession over the case

land by paying rent to Government, holding tax and energy bill as a

lawful tenant. During settlement operation, draft R.O.R. in Hal Plot

No.3148 under Hal Khata No.3090 area Hc.0.0384 (instead of

Hc.0.0405) was published under Section 12 of the Odisha Survey and

Settlement Act, 1958 (for short ‘the Act’) in the name of the Petitioner.

Subsequently, the Assistant Settlement Officer, Rental Colony,

Bhubaneswar for the reason best known to him initiated Suo Motu Rent

Case No.6757 of 2013 and the impugned order has been passed directing

to record the case land in the name of Government, without serving any

notice on the Petitioner and without giving him an opportunity of

hearing.

4.

It is submitted by Mr. Behera, learned counsel for the

Petitioner that the Assistant Settlement Officer (ASO) has no

jurisdiction to initiate a suo motu rent objection case after the land

has been published under Section 12 of the Act. Further, in view of

the ratio decided in the case of Lily Nanda -v- State of Odisha,

reported in 2018(I) OLR-559, the ASO lacks jurisdiction to sit over

the settlement made under the O.G.L.S. Act. But, without

considering the same, the Assistant Settlement Officer, Rental

Colony, Bhubaneswar passed the impugned order under Annexure-1,

which is not sustainable in the eyes of law. Mr. Behera further

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submits that this Court in a writ petition involving similar question of

fact and law in W.P.(C) No.26211 of 2019, which was disposed of

vide order dated 29^th January, 2021, directed the ASO, Rental

Colony, Bhubaneswar now functioning as Settlement Officer in the

office of Major Settlement Office, Jobra, Cut