HATA SWAIN (DEAD) HIS LEGAL HEIR RAMESH CH.SWAIN Vs. STATE OF ORISSA THROUGH THE SECRETARY TO THE GENERAL ADMINISTRATION DEPARTMENT

JUDGEMENT

(1.) THIS appeal by the Plaintiffs in O.S. No. 203 of 1989 (I) of the Court of Learned Munsif (now Civil Judge (Junior Division, Bhubaneswar under Order 43, Rule 1 (u) of the Code of Civil Procedure (for short the C.P.C) arises out of Order Dated 12.10.2001 passed by Learned District Judge, Khurda at Bhubaneswar in Title Appeal No.4/17 of 2001/1992 remanding the suit under Order 41, Rule 23 -A of the C.P.G. for fresh trial in terms of directions made in the impugned Judgment.

(2.) THE concluding part of the impugned order reads as follows:

(3.) DEFENDANT filed written statement disputing Plaintiffs claim over the suit lands. It was asserted by the State that the suit lands were acquired for public purpose in Land Acquisition Proceeding No.9 - of 1962 -63 on payment of compensation to the Plaintiffs. It was further pleaded that though the entire suit lands were acquired in Land Acquisition Proceeding No. 9 of 1962 -63, an area of Ac.0.29 decimals of land out of suit plot No. 18 and an area of Ac. 0.06 decimals of land out of suit plot No. 12 were again acquired by mistake in the year 1973 in Land Acquisition Proceeding No. 25 of 1973 for which Plaintiffs were again paid compensation. It was also pleaded that in the current record of rights the State Government in the General Administration Department have been correctly recorded as owner in respect of the suit lands.