KUMATLAL MAJHI Vs. ADDL.DISTRICT MAGISTRATE, NUAPADA

JUDGEMENT

(1.) BOTH the writ petitions having involved same subject matters, they were heard together and are being disposed of by this common judgment.

(2.) OJC No.7967 of 1998 has been filed challenging the order dated 31.5.1998 passed by the Addl.District Magistrate, Nuapada in OLR Appeal No.6 of 1997 confirming the order dated 2.9.1997 passed by the Sub -Collector, Nuapada in RMC No.5 of 1994 and OJC No.7966 of 1998 has been filed challenging the order dated 31.5.1998 passed by the said Addl.District Magistrate in OLR Appeal No.7 of 1997 confirming the order dated 23.9.1997 passed by the Sub -Collector, Nuapada in RMC No.3 of 1994.

(3.) IN OJC No.7966 of 1998 the Sub -Collector, Nuapada initiated RMC No.3 of 1994 under Section 23 of the Act in respect of Ac.12.23 decimals of land on the application filed by one Madhusudan Sabar and one Kumatlal Majhi son of Rama Chandra Majhi. The caste of the purchaser has been mentioned as "Ganda" in registered sale deed No.183 of 1979. The witnesses produced by the applicant stated that Kumatlal Majhi is the nephew of Narayan Sahu and he was never in cultivable possession of the disputed land. Rather, Narayan Sahu is in possession of the land and cultivating the same and also residing by constructing a house. They also produced Form No.4 of Settlement Camp, Tarobad wherein Narayan Sahu had applied to change the name of Khatadar in Hal Khata No.38, from Kumutlal Sahu son of Rama Chandra Sahu to Kusal Sahu son of Narayan Sahu. Notice issued to Kumatlal Majhi son of Ramachandra Majhi through Tahasildar returned unserved with a note that Kumatlal Majhi was not residing in the same village. Thereafter notice was issued again on 8.10.1996 which was received back with a note that no such person in the name of Kumatlal Majhi was residing in the said village. Notice was thereafter issued under Order 5 Rule 20 of the Civil Procedure Code for wide publication of the same in different manner. In spite of the said notice, nobody appeared in the Court. Therefore, the Sub -Collector came to the conclusion that no such person, namely, Kumatlal Majhi son of Rama Chandra Majhi was available in the said village and directed that the land in question should be restored to the legal heirs of the recorded tenant. Being aggrieved by the said order, Kumatlal Majhi and Narayan Sahu filed OLR Appeal No.7 of 1997 before the Addl. District Magistrate, Nuapada. The appellate authority reiterated the same facts that the notice was not served on them and considering the materials available on record and the evidence adduced by the parties, held that two vakalatnamas had been filed from the side of the appellants. One bore the signature of Narayan Sahu and Kumatlal Majhi. The second bore the signature of Narayan Sahu and Kumatlal Majhi though the names of the appellants were written to be Shyam Kumar Majhi and Narayan Kumar Sahu. They did not produce the original sale deed. He further held that Narayan Sahu is in possession of the disputed land and he had also taken steps in the settlement camp by filing objection cases to change the name of Kumutlal Majhi to Kumutlal Sahu. So holding, the appellate authority dismissed the appeal and directed that the land should be restored to the original recorded tenant.