NETRANANDA BEHERA Vs. KHETRABASI BEHERA

JUDGEMENT

(1.) In this writ application, the petitioner has challenged the order dated 11.8.2009 passed by the learned Civil Judge (Junior Division), Kujang in C.S. No. 42 of 2006.

(2.) Learned counsel for the petitioner submitted that the petitioner filed Revision Petition No. 1955 of 2006 before the Director, Consolidation, Board of Revenue, Orissa under Section 37(2) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as "the Act") for correction of the consolidation map. The Director, Consolidation remanded the case to the Consolidation Officer, Kujang for demarcation of the land.

(3.) During the pendency of the matter before the Consolidation Officer, the petitioner filed an application before the learned Civil Judge (Junior Division), Kujanga to stay the proceeding of the suit till disposal of the said revision case. No doubt, the petitioner has filed the suit for permanent injunction. The plaintiff-petitioner purchased the suit land measuring Ac.0.12 decimals from the opposite party-defendant and possessed the same from the date of purchase. But the final map which has been published under Section 41 of the Act indicates the purchased area of the petitioner to be less than Ac.0.12 decimals, i.e., less of Ac.0.1 decimal 4, links in comparison with the area as per the map of the opposite party-defendant wherein it was increased more than his entitlement. After closure of the consolidation proceeding, he moved the Tahasildar for demarcation of the said land. In the demarcation, it was found that the area of the land in question measuring Ac.0.12 decimals was decreased by Ac.0.1 decimals 4 links. Therefore, he filed the revision before the Director, Consolidation which was entertained as stated in the above paragraph.