HAZUN BIBI Vs. DHRUBA CHARAN MOHANTY

JUDGEMENT

(1.) The petitioner in the present writ petition has challenged a confirming revisional order passed under section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, "the Act"). There is no dispute with regard to the right, title and interest of the parties in respect of the properties involved in the proceeding. The dispute, however, relates to allotment of chakas in favour of the petitioner in respect of the disputed properties, purchased by her. The writ petition has become unnecessarily bulky because of description of several facts, which are not necessary for the present purpose. Thus, briefly the facts leading to the present controversy are that the dispute relates to C.S. Plot no.390 under C.S. Khata No.113 and C.S. Plot no.391 under C.S. Khata No.71 of village Adhanga under the Police Station - Niali in the district of Cuttack. Plot No.390 measuring an area of Ac.0.16 decimals and Plot no.391 measures a total area of Ac.0.55 decimals.

(2.) It is claimed by the petitioner that she purchased the entire Ac.0.16 decimals of Plot no.390 and Ac.0.10 decimals out of Plot No.391 by R.S.D. no.1204 dated 14.04.1987 and R.S.D. No.3120 dated 25.09.1987 respectively. The purchases were made from the opposite party nos.1 and 2 in the writ petition. The vendors had huge extent of other properties, from whom the present opposite party nos.3 to 7 and 9 have also purchased their properties with regard to which there is no dispute.

(3.) During the consolidation operation, however, the petitioner did not take any step for recording her name in respect of the properties in question. Thus, the names of the original owners along with Others were recorded, indicating the note of possession of the present petitioner in respect of the properties purchased by her.