ARJUN PANDA Vs. SURENDRA PRASAD MISRA

JUDGEMENT

(1.) THIS is a petition under Arts. 226 and 227 of the Constitution of India invoking the extraordinary jurisdiction of this Court for quashing the confirming order dated 7 -3 -1984 of the Commissioner of Consolidations, Orissa, In Con Revision Case No. 159 of 1984 and for issue of appropriate direction for declaring the right, title and interest and granting other consequential benefits over the land in dispute in favour of the petitioners.

(2.) FACTS In brief. The disputed land measures Ac. 6. 41 decimals under Sabik plot Nos. 167, 168 and 207 under. Khata No. 28 of village Haripur Paitarl within the Aska Tahasil in the district of Ganjam. This land, according to the petitioners originally stood recorded in the name of one Krishna Bhatta, the then Inamdar. After his death, his son Bhagirathi Bhatta enjoyed the property as the Inamdar. It is claimed that in the year 1939 Basudeba Pande, father of the writ petitioners was inducted as Bhag Chasi by Bhagirathi Bhatta, the Inamdar. After the death of their father, the writ petitioners, in their capacity as tenants possessed the land until the year 1953 when as claimed by them Sarat Chandra Bhatta one of the co - sharers of the Inamdar's family on the basis of a power of attorney sold to the writ petitioners with regard to a portion of the suit property. The rest of the portion was also sold by said Sarat Chandra Bhatta in the year 1954 for a consideration of Rs. 2800/ -. It is their case that after the sale dated 19 -11 -1953 by said Sarat Chandra Bhatta, the writ petitioners stopped paying Raj Bhag to the Inamdars and possessed the land in their own right, title and interest as title holders. Their further case is a case of acquisition of title by adverse possession from the date of sale in case the sale is found to be invalid for any reason. In the year 1955 the land vested in the State under the Orissa Estates Abolition Act (for short the 'O. E. A. Act'). In the year 1964 these petitioners along with Sarata Chandra Bhatta and Chandramani Bhatta, the Inamdars filed claim petitions before the Additional fahasildar -cum -O.E. A. Collector, Aska for settlement of the land on the basis of their respective claims and the proceedings were numbered as C P Case Nos. 1428, 196, 1480, 100, 1681 and L. C. P. 195 of 1964. The O. E. A Collector by a common order dated 30 -11 -1966 rejected the claims of all the petitioners. The claim of the writ petitioners was rejected on the ground that though they were found to be in Khas possession of the land, since they were not the intermediaries, they could not be settled with the land (vide Annexure -1). The claim of the Inamdars was rejected on the ground that they were not found to be in Khas possession of the land.

(3.) IN the year 1983 this village Haripur Paitari and the land under dispute came under the consolidation operation. Consolidation Objection Case No. 431 of 1983, Under Section 9(3)/18(2) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Act' ) was registered at the instance of Surendra Misra, son of Pitabas Misra and other villagers and the present writ petitioners contested the case as opp. parties. The Consolidation Officer by his order dated 21 -6 -1983 accepted the order of the O. E. A. Collector that the villagers were rightly recorded as owners and after having given due regard to the order of the O. E. A. Collector, he directed recording of the land in the name of Surendra Misra, son of Pitabas Misra and others and further directed deletion of the note of forcible possession in favour of the writ petitioners.