BHIKARI CHARAN BARAL Vs. BALAMUKUNDA SWAIN

JUDGEMENT

(1.) Since all these writ petitions involve a common issue, this Court entering into common argument with consent of parties involved, takes up the O.J.C. No.14572 of 1999 as the main case and disposes of all the writ petitions by the following order:-

(2.) The writ petition bearing O.J.C. No.14572 of 1999 involves a challenge to the order of the revisional authority vide Annexure-3 in exercise of power U/s.36(I) of the O.C.H. and P.F.L. Act, 1972. All the writ petitions are decided analogously for involving a challenge to common revisional order vide Annexure-3 therein.

(3.) Background involved in this case is that the Petitioner in O.J.C. No.14572 of 1999 herein filed Consolidation Revision Case No.1881 of 1993 before the learned Commissioner Consolidation for recording his name on the basis of a sale deed existing involving the disputed land and similarly other purchasers in respect of the other land also filed revision case nos.1880/1882 and 1883 of 1993 also praying therein to record their names in respect of their purchased land. The learned Commissioner upon hearing all the parties remanded all the aforesaid cases by a common order to the original authority for undertaking appropriate exercise. This writ petition presently involves one such case registered as R.R.P. No.1882/93 initiated U/s.37(2) of the O.C.H. and P.F.L. Act, which appears to have been heard alongwith R.R.P. Nos.1881/93, 1880/93, 1883/93 and 1884/93 involving other writ petitions and decided analogously. From the order dtd. 13/7/1994 at Annexure-1 this Court finds, in Revision Petition No.1881/93 the objector-Petitioner claimed for recording of Ac.0.25 dec. of land i.e. part of Ac.0.24 dec. of land from plot no.87, claimed to have been purchased on the basis of the R.S.D. No.152 dt.15/1/1985. The Opposite Parties entering into such application challenged the claim of the Petitioner for change in the recording on the basis of the sale deed on the premises that since the sale deed did not involve passing of consideration money, the same remains void and as a consequence claim of the Petitioner has no foundation. This was also the case involved in all such proceedings involved herein. Considering the rival contentions of the parties and taking note of existence of sale deed, the Original Authority answering on the objection of the Opposite Parties therein to the objection cases involved vide common disposal, came to observe that in the existence of the sale deed particularly a registered sale deed passing of consideration money or not cannot be a issue in a consolidation proceeding and thus relying on a decision of this Court reported in AIR 1986 Orissa 196 particularly keeping in view the direction in paragraph no.9 therein came to allow the objection cases thereby giving direction for change in the record of rights in favour of each of the Petitioners involved herein. In the same order consequently allowed all objection cases bearing Nos.1881/1880/1883 & 1884 of 1993 involving separate piece of land also involving separate registered sale deeds. The Opposite Parties to the objection cases being aggrieved with the said order filed four sets of appeal vide Miscellaneous Appeal Case No.13/14/15/16 of 1994. It is needless to indicate here that one party being aggrieved by the orders filed, however, one appeal involving his both cases. All these appeals appear to have been finally adjudicated by the order vide Annexure-2 and while dismissing all the appeals, the appellate authority confirmed the order of the original authority resulting filing of the Revision Petition Nos.92/97 to 96/97 on the file of the learned Commissioner Consolidation, Bhubaneswar. It is alleged that in disposing these revisions the revisional authority while failing to appreciate the judgment of the Hon'ble Court applicable to the case and taken note by the original authority, applied a Full Bench decision of this Court in AIR 1993 (ORI.) 1 wrongly and came to allow the revision petitions thereby reversing the orders of the authorities below.