HAREKRUSHNA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the parties. The present petitioner claims to be the tenant in respect of the disputed land. The petitioner had filed a proceeding under Section 36 -A of the Orissa Land Reforms Act (in short, the 'O.L.R. Act') before the Revenue Officer, Basta. The said case came to the High Court in a writ application wherein the High Court remanded the matter to the Revenue Officer for fresh disposal. While the O.L.R. proceeding was pending, the present opposite party No. 8 had purchased the disputed land from the previous owner namely, Pruthunath Patra.

(2.) SIMULTANEOUSLY , consolidation operation started in the area in the year 1977. In course of consolidation proceeding, the property was directed to be recorded in the name of the present petitioner and Patta was issued in the year 1985. The original owner filed appeal before the Deputy Director, Consolidation, who remanded the matter for reconsideration and subsequently, the Consolidation Officer has passed an order for recording the land in the name of the subsequent purchaser. The said order which is annexed as Annexure -4 is being challenged in the present writ application.

(3.) SUBJECT to the aforesaid observation, the writ application is disposed of. There will be no order as to costs. This order shall be communicated to opposite parties 2 and 5.