BIJAYA CHATTERJEE Vs. COMMISSIONER LAND RECORDS

JUDGEMENT

(1.) THE order passed by the Commissioner of Land Records and Settlement, Orissa, and the consequential order passed by the Tahsildar are being challenged in the present writ application. The present petitioner claims to be the heir of late Hiranbala Chatterjee, as she claims to be the daughter of the brother of late Hiranbala Chatterjee, who is stated to have died issueless. During preparation of Settlement Record -of -Rights, the disputed land was recorded in the name of Bijaya Chatterjee (petitioner), daughter of Rajatkanta Chakraverty. Present opposite parties 4 to 9 had filed revision before the Commissioner of Land Records and Settlement, Orissa. Under Annexure -9, the revision was allowed and the matter was remanded to the Tahsildar. Thereafter, the Tahsildar as per his order, annexed as Annexure -15, has deleted the name of the petitioner and recorded the names of opposite parties 4 to 9.

(2.) THE learned counsel appearing for the petitioner has submitted that opposite parties 4 to 9 had claimed on the basis of sale deed from Hiranbala. The predecessor -in -interest of present opposite parties 4 to 9 had purportedly purchased the disputed property from Hiranbala, the admitted owner. However, subsequently, in Title Suit No. 58 of 1968 that sale deed was found to be invalid and title and possession of Hiranbala had been confirmed. It is, therefore, submitted that in view of such decree of the Civil Court, the present opposite parties 4 to 9 could not have claimed any right.

(3.) THE writ application is accordingly disposed of. There will be no order as to costs.