AKSHAYA KUMAR MOHANTY Vs. PRAMOD KUMAR PADHIARY

JUDGEMENT

(1.) By filing the above noted Writ Appeal, the Appellant seeks to challenge the judgment dtd. 11/5/2010 passed by the learned Single judge of this Court in W.P.(C) Nos.2682 of 2010, thereby dismissing the Writ Petition filed by the Petitioner and refusing to interfere with the order dtd. 22/10/2009 passed in Misc. Case No.44 of 2007 by the Collector, Puri under Sec. 35(2) of the Orissa Consolidation of Holding and Prevention of Fragmentation Land Act, 1972 (in short 'OCH and PFL Act, 1972).

(2.) The factual matrix of the case, in brief, as culled out from the Writ Petition is that the property under Consolidation Khata No.162 bearing Plot No.444, measuring an area of Ac1.62 decimals and Consolidation Khata No.166 bearing Plot No.404, measuring an area of Ac1.84 decimals in Mouza-Patasundarpur under Kakatpur P.S. of Puri district. Initially the subject matter of dispute in this case, was recorded jointly on the name of Respondent No.1 (Opposite Party No.1) and his brother, in stitiban status. The Kisam of the land was recorded as 'Ghanapaka and Majhipadia' which according to the Appellant is not amenable to consolidation. However, the same was included in the Chaka without proper verification with regard to the status and condition of the land.

(3.) It is further stated in the writ petition that Opposite Party No.1 for his legal necessity transferred his 50% interest/share in Plot No.444, measuring Ac 0.81dec. and 30% in Plot No.404 measuring Ac 0.61 dec. on 26/11/2005 vide RSD No.2045, measuring a total area of Ac 1.42 decimal to the Petitioner, who happens to be a contiguous Chaka owner. Further on 26/11/2005, the Opposite Party No.1 sold the other chunk of the land to another person, namely, Rama Chandra Parida and his brother, who are Petitioners in the connected writ petition bearing W.P.(C) No.2682 of 2010. Pursuant to said transfer, the land has been measured and inspected by the Local Amin in presence of the vendor, vendee and other co-sharers, who have not objected to such transfer. Thereafter, the Tahasildar allowed the mutation and accordingly mutation ROR has been issued in favour of the Petitioner.