Tushar Mahapatra v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.8067 of 2013 Tushar Mahapatra ....

Petitioner Mr. J. Rath, Advocate -versusState of Odisha and others ....

Opposite Parties Mr. D.K. Mohanty, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R. K. PATTANAIK

ORDER

06.07.2022 13.

1. Learned counsel for the Petitioner points out that the Petitioner Order No.

is a purchaser of the property in question under a registered sale deed dated 7th November, 1990 from the transferee of the original lessee. It is pointed that the impugned order dated 23rd May, 1998 passed by the Additional Tahasildar, Bhubaneswar cancelling the W.L. Case No.417 of 1975 was passed without notice to the Petitioner. These facts are unable to be disputed by the learned counsel for the Opposite Party.

2. In that view of the matter, on the above short ground the impugned order dated 23rd May, 1998 is hereby set aside and W.L. Case No.417 of 1975 is restored to the file of the Additional Tahasildar, Bhubaneswar where it shall be listed on 24th August, 2022. On that date, the Petitioner will appear before the said authority with a downloaded copy of this order. The said lease case is directed to be disposed of, after hearing the parties, by a

reasoned order within four months thereafter. Till such time, the interim order passed by this Court on 9th April, 2013 will continue.

3. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice (R. K. Pattanaik) Judge TUDU