p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15929 of 2023 Jayashree Srichandan …. Petitioner Ms. Samapika Mishra, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 13.05.2026 07. 1. This matter is taken up through hybrid mode. 2. Petitioner, in this writ petition, seeks for a direction to grant leave to the Petitioner to pursue the Lease Revision Case No. 267 of 1982, stated to be pending before the Additional District Magistrate, Bhubaneswar initiated under Section 7-A (3) of the Odisha Government Land Settlement Act, 1962 (for brevity, ‘the Act’). 3. It is submitted by Ms. Mishra, learned Counsel for the Petitioner that one Sri Satyananda Das, son of Sri Rusinath Das being a landless person, applied for lease of a piece of Government land. Accordingly, Lease Case No.70/1981 was initiated on the file of the Tahasildar, Bhubaneswar and the said Sri Satyananda Das was granted lease of Plot No.55/2297 under Khata No.559/210 to an extent of ac 0.200 decimal in Mouza- Patrapada under Bhubanewar Tahasil in the district of Khordha (erstwhile district of Puri). p. 2 3.1. Subsequently, Lease Revision Case No. 267 of 1982 was initiated by the Additional District Magistrate, Bhubaneswar under Section 7-A(3) of the Act and the lease granted in favour of said Sri Satyananda Das was cancelled vide order dated 10.01.1985, directing the Tahasildar to take over the possession of the leasehold property and correct the Record of Rights in the name of the State Government. 4. The Petitioner, being unaware of the same, purchased the leasehold property vide RSD No.1113132138 dated 25.09.2013, from the lessee through his Power of Attorney Holder. Said Sri Satyananda Das also delivered possession of the leasehold property to the Petitioner. Since then, she is in peaceful possession of the same. 5. Assailing the order of cancellation of the lease passed by Additional District Magistrate, said Sri Satyananda Das filed WP(C) No.13315 of 2007 through his GPA Holder, which was disposed of vide order dated 05.07.2022 by setting aside the order dated 10.01.1985 passed in Lease Revision Case No. 267 of 1982. The said Sri Satyananda Das was directed to appear before the Additional District Magistrate on 29th August, 2022, and pursue the revision. 6. Since the said Sri Satyananda Das had already sold the land to the Petitioner through his General Power of Attorney Holder, and the GPA Holder filed WP(C) No.13315 of 2007 on behalf of the lessee, namely Sri Satyananda Das, he did not take any interest to pursue the revision or appear before the Additional District Magistrate on the date fixed. When the Petitioner came to know about the same, he appeared p. 3 before the Additional District Magistrate Bhubaneswar to permit him to pursue the revision by making an oral prayer to that effect, which was not entertained. Hence, this writ petition has been filed. 7. It is further submitted by Ms. Mishra, learned Counsel for the Petitioner, that Lease Revision Case No. 267 of 1982 is still pending before the Additional District Magistrate, Bhubaneswar and further proceedings in the said revision has been stayed by this Court vide order dated 17.05.2023. 8. In view of the above, she prays for a direction to grant leave to the Petitioner to pursue the Lease Revision Case No. 267 of 1982 before the Additional District Magistrate, Bhubaneswar. 9. Mr. Biswal, learned Additional Standing Counsel submits that he has no definite instruction as to whether the Lease Revision Case No. 267 of 1982 is still sub judice before the Additional District Magistrate, Bhubaneswar or not. It is also not clear from the record that, by the time the interim order dated 17.05.2023 was passed, the lease revision case was pending before the Additional District Magistrate Bhubaneswar. He, therefore, submits that the writ petition in the present form may not be maintainable. 10. Taking into consideration the submissions made by learned Counsel for the parties, and without expressing any opinion on the merits of the case of the Petitioner in Lease Revision Case No. 267 of 1982, this Court disposes of the writ petition with a direction that, if Lease Revision Case No. 267 of 1982 is still pending before the Additional District p. 4 Magistrate, Bhubaneswar, the Petitioner may be permitted to pursue the same, as she has stepped into the shoes of the lessee by virtue of the sale deed as aforesaid. The Additional District Magistrate, Bhubaneswar should also examine as to whether the Petitioner has any subsisting right in the leasehold property or not, if the lease revision case is still pending with him. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Mona