KUNJABIHARI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ petition challenging the order dated 10.7.2000 passed by the Addl. District Magistrate, Bolangir in O.L.R. Revision No. 14 of 1933 confirming the orders dated 12.5.1993 and 18.2.1992 passed by the Officer on Special Duty (L.R.), Bolangir and Tahasildar & Revenue Officer, Tusra in OLR Appeal Nos. 4 and 5 of 1992 and OLR Case No.5 of 1986 respectively.

(2.) TO appreciate the dispute between the parties, it is necessary to narrate the facts of the case which are as follows: Originally the disputed land was recorded in the name of Khageswar Sahu, the matrimonial grand -father of the present petitioner. Opposite party No.2 is the son of said Khageswar Sahu. There was a partition between Khageswar and his son in the year 1956. The Revenue Officer after due inquiry in a proceeding recorded the land separately in the name of the father and the son in the year 1974. Thereafter, Khageswar and his son possessed the property as per their respective shares and the ceiling proceeding was dropped, as there was no ceiling surplus land. While Khageswar was in possession of land, having full right, title and interest over his share, he executed a Willnama in favour of the petitioner in a sound health and mind. Khageswar died in the year 1976. After his death, petitioner succeeded to the said land as per the terms of the Willnama and remained in physical possession of the land since then. Opposite party No.2 had never claimed that property after the death of Khageswar.

(3.) BEING aggrieved by the said order, three OLR appeals have been filed by the opposite party Nos. 2, 3 and present petitioner. Those are OLR Appeal Nos. 3, 4 and 5 of 1992 respectively. The appellate Court heard the appeals analogously and dismissed the same confirming the finding of the Revenue Officer. Being aggrieved by the said order, the petitioner and opposite party No.2 filed OLR Revision No. 14 of 1993 and OLR Revision No. 15 of 1993 respectively which were heard and disposed of. The opposite Party No.3 has not preferred any separate revision and he was opposite party in both the aforesaid revisions. The revisional Court reiterating the facts came to the following finding: "Earlier Ceiling Case No. 1871 of 1974 instituted in the name of late Khageswar Sahu was dropped on 3.11.1976 with the finding that the father and son were separated prior to 26.9.1970. The share allotted to father naturally should be inherited by the son. Accordingly, the Revenue Office initiated the present ceiling case in the year 1986. The petitioner, Kunjabihari Sahu got the land mutated measuring an Area Ac. 13.69 decimals in his name in Mutation Case No. 349 of 1978 -1979 by order dated 24.10.1976. Executing that land the petitioner is now claiming Ac. 13.97 decimals of land on the strength of Willnama. There is no reference in the previous ceiling cases regarding execution of any willnama or gift deed in favour of any person. The Willnama said to have been executed on 15.1.1973, but the case has been disposed of on 3.11.1976. Even after the death of said Khageswar Sahu, the petitioner also did not initiate any claim to the land on the basis of Willnama till institution of the present ceiling case. Therefore, the Willnama placed is to be treated as not existed and the entire exercise is an outcome of after thought to avoid the present O.L.R. proceeding. The Revenue Authority has rightly suspected the Willnama and registered the claim of the petitioner and the same has been confirmed by the appellate Court also. Accordingly, the revision is rejected."