SRI RADHANATH DAS Vs. CONSOLIDATION OFFICER AND ORS.

JUDGEMENT

(1.) ADMITTEDLY the disputed lands being Hal Plot Nos. 4354 measuring Ac. 0.73 and 4334 measuring Ac. 1.35 recorded in L.R. Khata No. 380 belonged to the deity Shree Govinda Jew Thakur, opp. party No. 10. In the Record of Rights published in 1927 and in 1977 the said lands were recorded in the name of the said deity with opp. patties 5 to 9 as the marauders. In both the Record of Rights published in 1927 and' 1977 the Petitioner's mime was recorded in the remarks column as in permissive possession for performing seva -puja and other allied services.

(2.) DURING consolidation operation in the area opp. party No. 5 -Brajakishore Panda, filed an objection being Objection Case No. 1621/81 claiming that he is the sole marfatdar of the deity. The present Petitioner also filed an objection being Objection Case No. 790 of 1981 for recording him as a titian rayed. In his objection the Petitioner claimed that he obtained a lease of the suit land from the marauders in the year 1955 as the remuneration for rendering seva -puja and other services to the deity. The Petitioner also claimed that he was in cultivating possession and rendering services to the deity.

(3.) THE Petitioner filed an appeal being Appeal Case No. 198 of 1982 before the Deputy Director, consolidation, Bhubaneswar Range -Ill. By judgment and order dated May 31, 1982 the said appellate authority allowed the appeal and directed to record the name of the Petitioner as per the records of 1977 settlement. Against the aforesaid appellate order Brajakishore Panda, opp. party No. 5 claiming to be the sole marfatdar of deity filed Revision Case No. 3219 of 1983 'before the Commissioner, Consolidation, Orissa Under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Consolidation Act'). By the impugned judgment and order dated June 28, 1990 the Consolidation Commissioner allowed the said revision, set aside the order of the appellate authority and up -held the order of the Consolidation Officer. In his judgment the Consolidation Commissioner recorded a finding that the present Petitioner was not rendering seva -puja of the deity and Beharilal Panda having no right over the suit land had no authority to execute the unregistered patta in favor of the Petitioner. Being aggrieved by the aforesaid provisional order, the Petitioner has filed this writ application.