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Orissa High CourtWP(C)/18201/2022disposed off

Subash Chandra Sahoo v. State Of Odisha

2022-07-22Mr. Justice Biswanath Rath2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO.18201 OF 2022 Subash Chandra Sahoo ....

Petitioner Mr.S.N.Mishra, Adv.

-versusState of Odisha & ors.

....

Opposite Party(s) Mr.S.Mishra, ASC

CORAM:

JUSTICE BISWANATH RATH

ORDER

22.7.2022 Order No.

01.

1.

Heard learned counsel for the Parties.

2.

This Writ Petition is filed assailing the fresh lease notice involving different Gram Panchayat Sources for the year 2022-23 under Annexure-2 on the premises that while the Petitioner has been provided with an annual lease for the year 2021-22 unless the period involving such lease expires, there would be no stepping in of another lease. Taking this Court to Annexure-1 and Annexure-2, learned counsel for the Petitioner attempted to demonstrate the correctness in the allegation.

3.

This Court here considers the submission of Mr.S.Mishra, learned Additional Standing Counsel while opposing the stand of the Petitioner submits, Annexure-2 is only a preparation for fresh lease by the Competent Authority and in the circumstance, it can be

// 2 // construed to be taking away the lease period involving the Petitioner. Considering the rival contentions of the Parties and on perusal of the notice at Annexure-2 and the schedule therein, this Court finds force in the submission of the learned State Counsel and there is no new lease document yet to be taken into account. In the circumstance, this Court finds, there is no substance in the allegation of the Petitioner. In disposing of the Writ Petition, this Court observes, in the event there is finality involving the lease involved herein pursuant to the notice at Annexure-2, the Authority shall protect the period of lease undertaken in the lease in favour of the Petitioner.

(Biswanath Rath) Judge M.K.Rout