Dr.Sudhakar Biswal v. State

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 12272 of 2007 Sudhakar Biswal and Others ....

Petitioner Mr. Prafulla Kumar Rath, Advocate -versusState of Odisha and Others ....

Opposite Parties Mr. Debakanta Mohanty, Addl. Govt. Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K. PATTANAIK

ORDER

15.03.2022 07.

1. This is a writ petition by the Petitioners, who are purchasers of Order No.

the land from the original lessee, whose lease stood cancelled by an order dated 21st September, 1987 of the Additional District Magistrate, Bhubaneswar in Lease Revision Case No.622 of 1987. The challenge to that order by the original lessee in OJC No.8942 of 1995 has been negatived by an order passed today by this Court in the disposing of the above writ petition of the original lessee on the ground that with the original lessee having died, no cause of action survives. In effect, therefore, the order dated 21st September, 1987 of the ADM, Bhubaneswar cancelling the lease has attained finality.

2. As far as this writ petition is concerned, the Petitioners had purchased different plots of land after the lease has been cancelled. Despite the fact that they may have been purchased under registered sale deeds, the fact remains that on the date of the

purchase, there was no title in the original lessee to convey to the purchasers. In other words, on the date of purchase the land already stood vested in the Government. Consequently, the sale transaction that took place subsequent to 21st September, 1987 has no validity.

3. On the above short ground, the writ petition has no merit. The writ petition is accordingly dismissed, but in the circumstances, with no order as to costs.

(Dr. S. Muralidhar) Chief Justice (R.K. Pattanaik) Judge S.K. Jena/P.A.