GATI KRISNA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this application under Articles 226 and 227 of the Constitution of India seeks quashing of the order dated 13 -12 -1999 of the Tahasildar, Dhenkanal at Annexure 3 and order dated 11 -7 -2001 of the Sub -Collector, Dhenkanal at Annexure -4. His further prayer is that the Tahasildar, Dhenkanal opp. party No. 4 should be directed to correct the Record -of -Right by recording his name as tenant in respect of the land admeasuring Ac.0.566 decimals appertaining to Plot Nos. 2994, 2995, 2996 and 2997 in Khata No. 2099 of Mouza -Dhenkanal town (hereinafter referred to as 'the disputed land').

(2.) BRIEFLY stated, the petitioner's case is that he is the owner of the disputed land. During Khanapuri operation the disputed land was recorded in his name, but during the attestation his name was deleted and the disputed land was recorded in the Abadajogya Anabadi Khata in Government holding with a note of possession in his favour since 1942 -43. Being felt aggrieved by such erroneous and illegal noting, the petitioner filed Settlement Revision No. 1411 of 1967 under Section 14 of the Survey and Settlement Act, 1958 before the Member, Board of Revenue, Orissa. The State of Orissa represented by the Collector, Dhenkanal was the opposite party in the said revision. The learned Member, Board of Revenue by his order dated 6 -11 -1969 at Annexure -1 series allowed the revision with a direction to correct the R.O.R. The aforementioned order dated 6 -11 -1969 was duly communicated to the Collector, Dhenkanal by letter No. 666/LRS dated 22 -1 -1970 (Annexure -2) for taking necessaryaction. The Collector remained callous and did not comply the direction made by the learned Member, Board of Revenue in the aforesaid order dated 6 -11 -1969.

(3.) THERE is no dispute that the learned Member, Board of Revenue passed an order in favour of the petitioner on 6 -11 -1969 in Settlement Revision No. 1411 of 1967. For the sake of relevancy, the order is quoted hereunder : - -