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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 28916 of 2020

Subas Chandra Jena

….

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. 7098 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 No.7)

vide RSD No.1358 dated 14^th February, 1979 (as rectified vide Regd. Deed

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No.2061 dated 9^th March, 1980). And thereafter, Opposite Party No.7 sold

an area Ac.0.125 decimal out of said Ac.2.650 decimal in Sabik Plot

No.784/1383 under Sabik Khata No.233/73 to Opposite Party No.8-

R.Tirupati Rao, who thereafter mutated the said Ac.0.125 decimal in his

name vide Mutation Plot No.784/1383/2441 under Mutation Khata

No.233/507 kisam Baje Fasal-III (for short, ‘the case land’) in Mutation

Case No.5137 of 1991 and ultimately, the Petitioner purchased said

Ac.0.125 decimal vide RSD No.8874 dated 12^th October, 2007. Thereafter,

the Petitioner filed OLR Case No.5602 of 2007 under Section 8-A of the

OLR Act to convert the case land to ‘Gharabari’ and obtained Gharabari ‘K’

form pertaining to Holding No.233/1349, Plot No.233/1383/2441. Since

then, the Petitioner is in peaceful possession over the case land by paying

rent and holding tax to Government as a lawful tenant. During settlement

operation, draft R.O.R. in Hal Plot No.3158 under Hal Khata No.3420 area

Hc.0.0506 was published under Section 12 of the Odisha Survey and

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

Petitioner. Subsequently, the Assistant Settlement Officer (ASO), Rental

Colony, Bhubaneswar for the reason best known to him initiated a suo motu

proceeding in Suo Motu Rent Case No.7098 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

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considering the same, the Assistant Settlement Officer, Rental

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