GULAM SARWAR Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE aforesaid writ applications arise out of the common order dated 13.9.1996 passed by the Collector, Sundargarh, O.P.2, in Revenue Revision Case Nos. 2, 3, 4 and 5 of 1996. As the facts and the process of law involved in all the cases are identical, they were heard together and are being disposed of by this judgment.

(2.) O .J.C. No.10582/1996 has been filed challenging the order passed in R.R. No.5/1996 arising out of Encroachment Case No.377/89 in respect of the disputed property situates in Unit No.35, Mahulpali under khata No.628, Plot No.954 having an area of Ac.0.220 decs. and Plot No.955 having an area of Ac.0.030 decs. with a total area of Ac.0.250 decs. O.J.C. No.10583/96 has been filed challenging the order passed in R.R. No.4/96 arising out of Encroachment Case No.211/89 in respect of the disputed property situated in Unit No.35, Mahulpali under Khata No.628, Plot No.997 having an area of Ac.0.220 decs. O.J.C. No.10584/96 has been filed challenging the order passed in R.R. No.3/96 arising out of Encroachment Case No.210/89 in respect of the disputed property situated in Unit No.35, Mahulpali under Khata No.628, Plot No.996 having an area of Ac.0.080 decs. O.J.C. No.10585/96 has been filed challenging the order passed in R.R. No.2/96 arising out of Encroachment Case No.209/89 in respect of the disputed property situated in Unit No.35, Mahulpali under Khata No.628, Plot No.995 having an area of Ac.0.030 decs. and Plot No.998 having an area of Ac.0.215 decs. with a total area of Ac.0.245 decs.

(3.) ACCORDING to the petitioner, the Revenue Department was a party to the aforesaid proceedings and the orders passed therein as it is evident from the order of the Sub -Collector dated 3.2.1994 that the State had contested the claims of the encroachers through the Additional Government Pleader, who appeared and filed written argument.