SURESH KUMAR AGRAWAL Vs. BINODINI @ BIMALA BHUE

JUDGEMENT

(1.) THE Petitioner has assailed, in this Writ Petition, the Judgment dated 07.5.2013 passed by the Learned District Judge, Bargarh in F.A.O. No. 9/2009 in dismissing the appeal & thereby confirming the Order Dated 23.10.2009 passed in I.A. No. 11/2009 arising out of C.S. No. 62 of 2009 of the Court of Civil Judge (Sr. Division), Bargarh whereby the original Court dismissing the petition under Order 39, Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the "Code" for brevity). The land in question was recorded in the name of Dukhu Pradhan in Hamid Settlement in the year 1923 under Khata No. 193 containing Plot No. 247/3380 & Plot No. 99 & other plots of Mouza -Bargarh. The Plaintiff claimed that there was an exchange by the order passed by the Deputy Commissioner in Revenue Case No. 1/10 of 1933 -34 & Plot No. 247/1 measuring an area of Ac.0.50 decs. was recorded in the name of Dukhu Pradhan under Khata No. 70 of Mouza -Bargarh. In the year 1945 the Gauntia namely Manbodh Das had executed a Chirastayee Rayati Patta in favour of predecessor in interest of the Petitioner, namely, Parashram Agrawal on 14.6.1945 in respect of Plot No. 247/1 (Ac.0.47 dec.) out of Ac.0.50 dec. & Plot No. 247/3380 measuring an area of Ac.0.40 dec. in total Ac.0.87 dec. of Mouza Bargarh.

(2.) THE Hal Plot No. 4446, 4449 & 4445 of Khata No. 2525 of Mouza Bargarh were settled in the name of the father of Opp. Parties 2 & 3 & husband of Opp. Party No. 1 in V.P.A. Case No. 1/1967 -68 under the Village Police Abolition Act, 1964 (hereinafter referred to as the "V.P.A. Act" for brevity). Accordingly, in the earlier settlement the R.O.R. was prepared in the name of the predecessor in interest of Opp. Party Nos. 1 to 3. The case was contested by the father of the Petitioner by filing objecting contending, inter alia, that Chirastayee Rayati Patta in respect of the suit land was in his favour & he is in peaceful possession over the suit land in question.

(3.) THE Petitioner claims that the Chirastayee Rayati Patta executed in favour of the father of the Petitioner in respect of the suit land was prior to the enactment of Orissa Estate Abolition Act, 1951, the Orissa Offices of Village Police (Abolition) Act, 1964 & the Orissa Land Reforms Act, 1960. So it is asserted that the O.E.A. Act does not affect the Rayati Patta in favour of the Petitioner. Therefore, it is alleged that the settlement of -suit land in favour of Haribhajan Jhankar in V.P.A. Case No. 1/1967 -68 was without jurisdiction & subsequent settlement R.O.R. does not confer any right, title, interest in favour of said Haribhajan Jhankar & ors.