RAMA CHANDRA PARIDA Vs. PRAMOD KUMAR PADHIARY

JUDGEMENT

(1.) The petitioner assails the orders passed by the learned Collector, Puri on 22.10.2009 in Misc. Case Nos. 44 and 45 of 2007, wherein he declared the sale deeds dated 26.11.2005 and 25.1.2005 as void being violative of Section 34 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act' for brevity).

(2.) In W.P.(C) No. 2682 of 2010, the order passed in Misc. Case No. 44 of 2007 is assailed. In an application under Section 35(2) of the Act, opposite party No. 1 prayed the Collector, Puri to declare the Sale Deed bearing No. 2045 dated 26.11.2005 to be void. He, inter alia, pleaded that Plot No. 444 measuring an area of Ac.1.62 decimals of Consolidation Khata No. 341, Chaka No. 76 and Plot No. 404 of Consolidation Khata No. 166, Chaka No. 42 measuring an area of Ac.1.84 decimals were jointly recorded in favour of the opposite party and his brother Pratap Kumar Padhiary in Consolidation Record of Rights.

(3.) The present petitioner appeared in that case and argued that the suit land is not a fragment and he has purchased the land for consideration and is in possession and after purchase, his mutation has been allowed.