LAWS(ORI)-2010-5-69

MAHESWAR PRADHAN Vs. STATE OF ORISSA

Decided On May 11, 2010
Maheswar Pradhan Appellant
V/S
State of Orissa and Ors. Respondents

JUDGEMENT

(1.) PETITIONER assails the order passed by the Commissioner, Consolidation, Bhubaneswar on dated 28.6.1997 in Consolidation Revision No. 2647 of 1993. In the said order, the Learned Commissioner upheld the orders passed by the Deputy Director, consolidation & Consolidation Officer, Puri, respectively.

(2.) PETITIONER pleads that he purchased the suit land bearing Hal Plot No. 552 having an area Ac. 0.11 along with Plot No. 547, measuring Ac. 0.44 & plot No. 547/4388 measuring an area of Ac. 0.31 under Hal Khata No. 972 one Suryamani Devi by registered sale deed dated 26.7.1989. The said Suryamani Devi had purchased the same from one Sundari Dei in the year 1986. Petitioner further claims that he is in possession of the land in question peacefully, uninterruptedly & to the knowledge of all concerned.

(3.) THE Learned Consolidation Officer held that the said Arakhita Pradhan has been declared as 'bhag tenant' under Sundari Dei & Suryamani Dei (Opp. Party Nos. 6 & 7) Under Section 15(d) of the OLR Act in respect of Plot No. 552 & the other plots have been acquired by the Irrigation Department, Sakhigopal Irrigation Sub Division. Thus, the Consolidation Officer recorded the Plot No. 552 in the name of the Petitioner but also reflected the fact that the Opp. Party No. 5 is a bhag tenant with respect to the said land.