(1.) THE petitioners have filed this writ petition challenging the order dated 28.3.2005 passed by the Sub -Collector, Kendrapara in Mutation Case No.347 of 2003.
(2.) THE petitioners filed Mutation Case No.347 of 2003 for mutation of the land in question in their names on the basis of the order passed by the Tahasildar, Aul in OLR Case No.137 of 1983. In the said OLR case, the land was settled in their names as Stitiban raiyat. They were paying rent regularly in pursuance of the said settlement. They are in possession of the property uninterruptedly. Opposite party no.1 directed the R.I. to make an inquiry regarding possession of the petitioners in respect of the disputed land. After making an inquiry, the R.I submitted report that the petitioners are in possession of the land. He submitted corresponding Hal plots of the Sabik Plots. The case was then placed before the Addl. Tahasildar, who vide order dated 27.6.2003 after examining the report of the R.I. and the OLR records, directed to mutate the names of the petitioners in respect of the disputed land i.e. Hal Plot No.1108 with an area of Ac.0.15 decimals in a separate khata by deleting the same from the Government Khata No.1854. After the appeal period was over, the ROR was corrected.
(3.) WHILE the matter stood thus, Sub -Collector, Kendrapara, opposite party no.2, during his visit to the Tahasil Office on 19.2.2005 inspecting the records set aside the order dated 27.6.2003 without giving any notice to the petitioners and directed the Tahasildar to take follow up action. Accordingly, on the direction of opposite party no.2, the names of the petitioners were cancelled, previous status of the disputed land was reflected in the ROR with intimation to the R.I. and parties were informed through notice and public proclamation. After knowing the said proclamation, the petitioners have filed the present writ petition.