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THE CHALLENGE:

The petitioner, transferee of leasehold property of Late Bauri Muduli @ Bauribandhu Muduli, assails Order dated 30.11.1987, copy of which is at Annexure-4, passed by the Additional District Magistrate, Bhubaneswar in Revision Case No.417 of 1983 (arising out of Waste Land Lease Case No.1466 of 1973) in exercise of powers conferred under Section 7A(3) of the Odisha Government Land Settlement Act, 1962, (for brevity referred to as "OGLS Act") cancelling the lease granted by the Tahasildar, Bhubaneswar as also consequential Order dated 30.06.1990 (Annexure-5) passed by said Tahasildar with a direction to the Record Keeper to correct Record-of-Rights, with the following prayer(s):

"Under the aforesaid circumstances, more fully narrated hereinabove the petitioner most humbly prays that this Hon'ble Court may graciously be pleased to admit this writ application, issue rule NISI calling upon the opposite parties to show cause:

A. As to why a writ of certiorari or any other appropriate writ/writs shall not be issued in quashing the impugned order of cancellation of lease under Section 7A(3) of the OGLS Act, 1962 dated 30.11.1987 under Annexure-4 and the Order dated 30.06.1990 passed by the opposite party No.3 under Annexure-5, with a direction to the opposite party No.3 to mutate the purchased land in favour of the petitioner in accepting rent revenue as per Registered Sale Deed/allotment Order vide Annexure-3; and B. If the opposite parties fail to show cause or show insufficient cause, to make the said rule absolute;

8.3. Apt here to refer to Rule 14 of OGLS Rules, 1983 whereunder it has been stipulated as follows:

"Disposal of appeals and revisions under the Act shall be regulated by the following procedure, namely--

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(e) a notice of the appeal or revision petition and date of its hearing shall be served on the respondent, if any;

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8.4. First proviso to sub-section (3) of Section 7A of the OGLS Act mandates that "no order shall be passed under this sub-section unless the person affected by the proposed order has been given a reasonable opportunity of being heard in the matter". Said proviso has been negatively worded.

8.9. In consideration of the documents enclosed to the writ petition as also affidavits, it can safely be said that when aforesaid provisions of the OGLS Act and rules framed thereunder read with provisions of Order V of the Code of Civil Procedure mandatorily required the authority (Additional District Magistrate) to effect service on the affected party, service of notice bearing No.5989, dated 12.11.1987 issued under Section 7A(3) of the OGLS Act stated to have been effected on "Prafulla Kumar Muduli"