RAJ KISHORE MOHAPATRA Vs. TAHASILDAR PIPILI

JUDGEMENT

(1.) This writ petition is directed against the order dated 19.8.2009 passed by the learned Addl. Tahasildar, Pipili rejecting the petition of the Petitioner for correction of the Record of Rights on the ground that since the Record of Rights has been finally published on dated 30.1.1988 under Section 22(2) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, the Tahasildar has no jurisdiction to correct the finally published Record of Rights on the basis of cause of action which arises prior to the date of final publication of Record of Rights. The Petitioner has questioned the legality of the impugned order under Annexure-2 to the writ petition.

(2.) The factual matrix of the case in nutshell is that the Petitioner has moved the Tahasildar, Pipili in Misc. Case No. 322 of 1975 with the prayer to declare him as a tenant under the State of Orissa. The case of the Petitioner is that in 1927 settlement the suit plots were under Khas possession and recorded in the names of ex-intermediaries, namely, Harihar Ghose, S/o- Ramlal Ghose of Markendeswar Sahi, Puri town, Radha Krushna Das and Dina Krushna Das, S/o- Gobinda Prasad Das of Village-Siuli under Khata Nos. 307 and 721 of Mouza-Siuli respectively. The ex-intermediaries, Radha Krushna Das and Dina Krushna Das out of their share of Ac. 14.10 granted Patta and rent receipts in favour of the Petitioner to an extent of Ac.10.27 over plot No. 662 (Ac.2.44), Plot No. 771 (Ac.2.06), Plot No. 821 (Ac.2.38), Plot No. 993 (Ac.1.17) and Plot No. 996 (Ac.2.92) in total Ac.10.27 under Khata No. 307 of Mouza-Siuli by delivering possession to him and the said plots correspond to 1966 settlement Plot Nos. 755, 824, 961, 1157 and 1169 measuring area of Ac.2.05, Ac.2.12, Ac.1.42, Ac.1.50 and Ac.2.81 respectively under Khata No. 598 of Mouza Siuli. The Petitioner in support of his claim filed all the relevant documents.

(3.) The order 18.4.1977 passed by the Tahasildar, Pipili under Annexure-1 reveals that he had invited public objection by beating of drum, called for report from the R.I. and apart from that he had himself made field enquiry on 25.11.1976 on his administrative side for his own satisfaction and he has personally taken statements of the local villagers to ascertain the genuineness of the claim of the Petitioner and the local people stated before him that the suit plots are in khas possession, being cultivated from the time of their fore-fathers and the villagers have no objection. The Tahasildar taking into consideration the documents, like the Ekpadia, filed by the ex-intermediary after vesting showing the Petitioner as tenant under him since 1940, the Patta granted by the ex-intermediary on 1.1.1940, the rent receipts issued by the ex-intermediary, the report of the R.I., regarding the fact of possession of the Petitioner in his own finding has passed order declaring the Petitioner as a tenant under the State of Orissa from the date of vesting i.e. 1952-53 and as such directed the Record Keeper for correction of R.O.R. in favour of the Petitioner as Stitiban status, Kisam-Baje Fasal-I subject to payment of back rent to the Government from 1952-53 onwards in respect of the suit plots, but the area has been reduced to Ac.9.90. In compliance to the order passed by the Tahasildar, the Petitioner has deposited rent of Rs. 1815/- with Nazir vide M.R. No. 22/1097 dated 25.5.1977.