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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.28100 OF 2019

Gandharba Behera

&.

Petitioner

Mr. Bhagaban Behera, Advocate

-versus-

State of Odisha and others

&.

Opp. Parties

Mr. Sarojananda Mishra,

Additional Government Advocate

For Opposite Party Nos.1 to 6

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

22.07.2021

03.

1. This matter is taken up through video conferencing mode.

2. The Petitioner in this writ petition seeks to assail the order

dated 5^th September, 2013 (Annexure-1 series) passed by the

Additional Sub-Collector, Bhubaneswar in Settlement Appeal

No.1113 of 2013, whereby the order dated 15^th July, 2013

(Annexure-1 series) passed by the Assistant Settlement Officer,

Rental Colony, Bhubaneswar in Suo Motu Rent Objection Case

No. 5551 of 2013 has been confirmed.

3. Mr. Behera, learned counsel for the Petitioner submits that the

land in question was leased out in favour of one Kunja Bihari

Tripathy in W.L. Case No.858 of 1968-69, who was ex-army

personnel. Subsequently, resumption proceeding was initiated

under Section 3-b of the Odisha Government Land Settlement

Act, 1962 (for short 8the O.G.L.S. Act9), which was dropped

pursuant to the order passed in Lease Revision Case No.323 of

2000. Said lessee Kunja Bihari Tripathy in order to meet his

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legal necessity, applied for permission in Revenue Misc. Case

No.10 of 1989 to alienate the leasehold property and the

Additional Tahasildar, Bhubaneswar vide his order dated 28^th

April, 1989 holding that 10 years have been elapsed from the

date of lease of the leasehold property, no permission under

Section 6-A of the Odisha Land Reforms Act, 1960 (for short

8the O.L.R. Act9) for transfer of the said property was necessary.

After disposal of Revenue Misc. Case No.10 of 1989, said lessee

Kunja Bihari Tripathy sold the case land to different persons and

the petitioner is one amongst them. He further submits that

during settlement operation, draft R.O.R. under Section 12 of

the Orissa Survey & Settlement Act, 1958 (for short 8the

Settlement Act9) was published in the name of the Petitioner

under Annexure-4 series. However, the Assistant Settlement

Officer, Rental Colony, Bhubaneswar for the reason best known

to him, initiated a suo motu proceeding in Suo Motu Rent

Objection Case No. 5551 of 2013 and vide his order dated 15^th

July, 2013 directed to record the land in Government Khata

under 8Abadajogya Anabadi9 status. The Petitioner being

aggrieved, filed Settlement Appeal No.1113 of 2013, which was

dismissed vide order dated 5^th September, 2013. Thus, the

Petitioner has filed this writ petition assailing the said order

under Annexure-1 series.

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

Petitioner that the Assistant Settlement Officer has no

jurisdiction to initiate a suo motu rent objection case after the

land has been published under Section 12 of the Settlement Act.

Further, in view of the ratio decided in the case of Lily Nanda 3

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v- State of Odisha, reported in 2018(I) OLR-559, the Tahasildar

lacks jurisdiction to sit over the settlement made under the

O.G.L.S. Act. But, without considering the same, both Assistant

Settlement Officer, Rental Colony, Bhubaneswar as well as

Additional Sub-Collector, Bhubaneswar passed the impugned

orders under Annexures-1 series, which is not sustainable in the

eyes of law. Mr. Behera further 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 Assistant Settlement Officer, Rental

Colony, Bhubaneswar now functioning as Settlement Officer in

the office of