Durga Pr.Nanda v. State And ORS.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.33511 of 2011 Durga Prasad Nanda ....

Petitioner Mr.Debasis Mitra, Advocate -versusState of Odisha & Another ....

Opp.Parties Mr. J.Katikia, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

11.04.2022 07.

1. This Petitioner is a purchaser from a lessee whose lease has been cancelled by the impugned order date 18th June, 1998 of the Tahasildar, Bhubaneswar in W.L. Case No.349 of 1985. In fact, the Petitioner purchased the land much prior to the impugned order in 1991 itself. Clearly, therefore, the Petitioner ought to have been heard before the impugned order was passed.

2. On the above short ground the impugned order dated 18th June, 1998 of the Tahasildar, Bhubaneswar is hereby set aside and W.L Case No.349 of 1985 is restored to the file of the Tahasildar, Bhubaneswar for bring proceeded with in accordance with law after hearing the present Petitioner and any other party who may have an interest in the land in question. The Petitioner will appear before the Tahasildar, Bhubaneswar along with a downloaded copy of this order on 9th May, 2022. The Tahasildar, Bhubaneswar is requested to pass a reasoned order, after hearing the

// 2 // parties, and dispose of the revision petition within a period of four months thereafter. Till such time the status quo order passed on 16th April, 2012 by this Court in the present petition will continue.

3. The writ petition is disposed of in the above terms.

4. An urgent certified copy of this order be issued as per rules.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge kabita