KARTIK CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioner who is the purchaser of the land appertaining to Mouza Bidyadhar, under Khata No. 326/1, plot No. 34/1845 measuring an area of Ac.10.00 dec. along with opp.party No. 6 from the recorded land holder-Nityananda Bharati (opp.party No.7) seeks to challenge the illegal, arbitrary and collusive action of opp.party Nos.1 to 5 in depriving the petitioner and opp.party No.6 from the peaceful possession of their land and prays for a direction to the opp. parties from taking any steps to dispossess him and further to declare the notification of the Government dated 18.12.1984 purported to have been issued under Section 6 of the Land Acquisition Act, 1894 in respect of he above mentioned land in question as illegal, arbitrary and contrary to law urging various facts and legal contentions seeking for the following reliefs.

(2.) The brief facts of the case are stated below for the purpose of considering the factual and legal contentions with a view to finding out as to whether the petitioner is entitled to the aforesaid reliefs.

(3.) The basis of the claim of title of the petitioner in respect of the land in question having an area of Ac.10.00 is under a sale deed dated 9.11.1976 executed by Sri Nityananda Bharati-opp.party No.7, who had filed an application before the Tahasildar for settlement of Ac.30.00 dec. of "Anabadi Land" in his favour in a proceeding under the Orissa Estates Abolition Act, 1951 (for short, "the OEA Act") registered as OEA Case No. 664 of 1970. The Tahasildar had settled a part of the land in his favour on a reference being made under Section 38-B of the OEA Act, the learned Member, Board of Revenue has set aside such order of settlement by judgment dated 5.5.1987 in OEA Revision No.78/83. The said order has remained unchallenged either by the petitioner or his vendor.