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3. Mr. Misra, learned Senior Advocate appearing for the Petitioner submits that land pertaining to Plot No.582 in Khata No.541 of Village Patharagadia under Bhubaneswar Tahasil in Khurda District to an extent of Ac.0.200 dec. (for brevity 'the case land') was leased out in favour of Smt. Bilasini Biswal vide order dated 25th October, 1979 by the Tahasildar, Bhubaneswar in WL Case No.1787 of 1978. Subsequently, a suo motu revision under Section 7-A (3) of the Odisha Government Land Settlement Act, 1962 (for brevity 'the OGLS Act') was initiated by the Additional District Magistrate, Bhubaneswar and the lease granted in favour of said Smt. Bilasini Biswal was cancelled vide order dated 20th October, 1981 in Lease Revision Case No.246 of 1981. Assailing the same, said Smt. Bilasini Biswal moved this Court in OJC No.1375 of 1982, which was disposed of vide order dated 2nd May, 1981 remitting the matter to the Additional District Magistrate, Bhubaneswar for fresh adjudication of the lease revision case providing opportunity of hearing to the parties. However, the Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 Additional District Magistrate, Bhubaneswar reiterated his earlier order by cancelling the lease in favour of Smt. Bilasini Biswal vide order dated 23rd July, 1990. Being aggrieved, Smt. Biswal again moved this Court in OJC No.640 of 1998. This Court, vide order dated 2nd February, 1998, disposed of the petition setting aside the order cancelling the lease and remitted the matter to the Additional District Magistrate, Bhubaneswar for fresh disposal. On remand, the Additional District Magistrate, Bhubaneswar confirmed the lease granted in favour of Smt. Bilasini Biswal vide order dated 5th April, 1999. The said order was never challenged and attained finality. When the matter stood thus, the Petitioner purchased the case land from the lessee, namely, Smt. Bilasini Biswal vide RSD dated 26th May, 2000 (Annexure-1) and was delivered with possession. After purchasing the case land the Petitioner applied for conversion of the case land to homestead under Section 8-A of the Odisha Land Reforms Act, 1960 (for brevity 'the OLR Act'). On consideration of his application, the case land was converted to Kisam 'Gharabari' (homestead). Thereafter, the Petitioner approached the Tahasildar, Bhubaneswar for issuance of ROR in his favour. However, he was informed that the lease granted in favour of Smt. Bilasini Biswal, the lessee, was cancelled in Objection Case No.16378 of 2013. Be it stated here that by the time the Petitioner applied for issuance of ROR in his favour, settlement operation has already commenced in the area. During settlement operation 'Yaddast' of the case land was prepared in favour of the Petitioner acknowledging his possession over the case land and endorsing that the Petitioner was paying the rent regularly. Draft ROR (Parcha) under Section 12 of the Odisha Survey and Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 Settlement Act, 1958 (for brevity 'the Settlement Act') was also prepared in the name of the Petitioner during March, 2013 (Annexure-3). But, the Assistant Settlement Officer for the reasons best known directed to record the case land in favour of the Government. The Petitioner being unaware of the same had submitted application to issue ROR in his name. However, getting information from the office of the Tahasildar, Bhubaneswar that the lease in favour of Smt. Bilasisni Biswal was cancelled, the Petitioner sought for relevant information under the Right to Information Act, 2005 and ascertained that vide order dated 31st May, 2013, in Objection Case No.16378 of 2013, the Assistant Settlement Officer, Bhubaneswar-Opposite Party No.2 directed to record the case land in the name of the Government instead of the Petitioner (Annexure-4). Assailing the same, the Petitioner filed an Appeal under Section 22(2) (b) of the Settlement Act before the Appellate Authority on 31st July, 2013. On the very same day of receipt of the Appeal Memo, the Additional Sub-Collector, Bhubaneswar, the Appellate Authority, dismissed the Appeal by one line order on the ground of limitation, i.e., on 31st July, 2013 (Annexure-7). Both the orders under Annexure-4 and Annexure-7 are under challenge in this writ petition. Earlier, by a common judgment, a Co-ordinate Bench of this Court disposed of several writ petitions involving similar issue including the present one vide order dated 2nd January, 2023. The said order was challenged by the State Government before Hon'ble Supreme Court in SLP(C) No.2626 of 2024 and a batch of cases (lead Case being SLP(C) No.26551 of 2023). Hon'ble Supreme Court disposed of the batch Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 of SLP(C)s including SLP(C) No.2626 of 2024 vide order dated 17th December, 2024 with the following direction:

5. Mr. Misra, learned Senior Advocate further submits that the lease of the case land granted in favour of Smt. Bilasini Biswal was confirmed by the Additional District Magistrate, Bhubaneswar vide Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 order dated 5th April, 1999 in Lease Revision Case No.246 of 1981. The said order was never challenged and reached its finality. Thereafter the Petitioner purchased the case land vide RSD dated 26th January, 2000 and was delivered with possession. Draft ROR under Section 12 of the Settlement Act was also prepared in the name of the Petitioner. But, subsequently, the Assistant Settlement Officer, Bhubaneswar impliedly cancelling the lease granted in favour of Smt. Bilasini Biswal, the vendor of the Petitioner, directed to record the land in the name of the Government. It is his submission that the Assistant Settlement Officer, Bhubaneswar acted without jurisdiction in sitting over the order confirming the lease granted in favour of Smt. Bilasini Biswal in Lease Revision Case No.246 of 1981. Since the Assistant Settlement Officer, Bhubaneswar is a creature of the Settlement Act, he/she could not have taken a decision contrary to the order passed by the Additional District Magistrate, Bhubaneswar in Lease Case No.246 of 1981 under OGLS Act and directed to record the case land in favour of the Government. Relying upon the ratio in Vijay Krishna Poultry Pvt. Ltd. Surya Nagar, Unit No.VII, Bhubaneswar represented through its Director, P. Vivek vrs. State of Orissa and others (W.P. (C) No. 8774 of 2019 disposed of on 18th June, 2021), it is submitted that the Authorities under the Settlement Act cannot sit over settlement made under the OGLS Act. Ample provision is available under the OGLS Act to cancel a lease granted under the said Act. The settlement made under OGLS Act in favour of the lessee, namely, Smt. Bilasini Biswal was tested in suo motu Lease Revision Case No.246 of 1981 initiated under Section 7-A (3) of the OGLS Act and ultimately, the Additional District Magistrate, Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 Bhubaneswar confirmed the lease in favour of the Lessee, namely, Smt. Bilasini Biswal. The Petitioner purchased the case land thereafter when the lease was valid. It appears that the Assistant Settlement Officer, Bhubaneswar and the Additional Sub-Collector, Bhubaneswar conveniently avoided the settlement made under the OGLS Act and directed to record the land in favour of the State Government. Thus, the impugned orders under Annexures-4 and 7 are without jurisdiction and are void ab initio as held in Vijay Krishna Poultry Pvt. Ltd. (supra).

5.1. It is, however, submitted that in Vijay Krishna Poultry Pvt. Ltd. (supra), this Court relied upon the different case laws including the ratio in the case in Lily Nanda vrs. State of Odisha reported in 2018 (I) OLR 559, against which an Intra Court Appeal in WA No.535 of 2018 was filed by the State Government. A co- ordinate Bench of this Court while dismissing the Appeal vide order dated 9th November, 2022 held that the said order shall not be treated as precedent for other case. However, the ratio in Vijay Krishna Poultry Pvt. Ltd. (supra) does not get diluted by not relying upon the Lily Nanda (supra) as this Court relied upon several other case laws to come to a finding that the Assistant Settlement Officer, Bhubaneswar, who is a creature of Settlement Act cannot nullify the lease granted under the provisions of the OGLS Act. Thus, the impugned order under Annexure-4 being void ab initio is liable to be set aside. The order passed by the Appellate Authority is equally unsustainable as the same is cryptic and non-speaking. On the date, i.e., on 31st July, 2013, the Appeal was filed, the Additional Sub-Collector, Bhubaneswar rejected the Signed by: SASANKA SEKHAR SATAPATHY Location: HIGH COURT OF ORISSA CUTTACK Date: 29-Sep-2025 17:11:40 Appeal in a one line order on the ground of limitation without providing any opportunity of hearing to the Petitioner.

8.3. Admittedly, lease of the case land granted in favour of Smt. Bilasini Biswal in WL Case No.1787 of 1978 by the Tahasildar, Bhubaneswar under OGLS Act was confirmed by the Additional District Magistrate, Bhubaneswar vide order dated 5th September, 2019 in lease Revision Case No.246 of 1981 initiated suo motu under Section 7-A (3) of the OGLS Act. The said order was not challenged and attained its finality. There is ample provision under the OGLS Act to cancel a lease granted in favour of a beneficiary. Section 3(b) and Section 7-A (3) of the OGLS Act makes elaborate provisions for cancellation of lease granted under the OGLS Act. There is no provision under the Settlement Act empowering the Authorities created under said Act to cancel a lease granted under the OGLS Act. The Assistant Settlement Officer, Bhubaneswar by ignoring the lease granted in favour of the Smt. Bilasini Biswal under OGLS Act directed to record the land in the name of the Government. After order dated 5th April, 1999 was passed in Lease Revision Case No.246 of 1981 confirming the lease granted in favour of Smt. Bilasini Biswal, the Petitioner purchased the case land vide RSD dated 26th May, 2000 and was delivered with possession. Thus, the Petitioner is a person aggrieved.