ALEKHA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application the Petitioner challenges the Order Dated 04.11.1993 (Annexure 02/A) passed by the O.E.A. Collector -cum -Additional Tahasildar, Puri (Opp. Party No.8) in O.E.A. Claim Case No. 707 of 1989 directing for settlement of the case land along with other lands in favour of Sri Jagannath Mahaprabhu, Bije, Puri -Opp. Party No.2 and the Appellant Order Dated 28.11.2000 (Annexure -3) passed by the Additional District Magistrate, Puri in O.E.A. Appeal No.4 of 1996, Confirming the order of the O.E.A. Collector.

(2.) THE case of the Petitioner as per the averments made in the writ application, the rejoinder and additional affidavits is as under:

(3.) IT is the contention of the Learned Counsel for the Petitioner that in the suit Opp. Party No.2 admitted the possession of the Petitioner over the disputed land as tenant in respect thereof and receipt of rent from him, and that on the basis of such admission both the Trial Court and the lower Appellate Court in the title suit and in the title appeal have found possession in favour of the Petitioner &, therefore, passed decree of injunction against Defendant Nos. 1 to 10 &, therefore, the land cannot be said to be in possession of Opp. Party No.2 on o the date of vesting and as such the original as well as the Appellant authorities under the O.E.A. Act have gone wrong in directing for settlement of the land in favour of Opp. Party No.2, the Deity under Section 7 of the O.E.A. Act. Ii is also contended by him that though the question of status of the Petitioner as Bhagchasi under Opp. Party No.2 was .held to be not entertainable by the lower Appellate Court in the title appeal, in view of admission by Opp. Party No.2 in the written statement about such status of the Petitioner, the Petitioner would automatically become a tenant under the State from the date of vesting by operation of law under Section 8 (1) of the O.E.A. Act &, therefore, the OEA authorities went wrong in settling fair and equitable rent in respect of the land in favour of Opp. Party No.2.