(1.) THIS petition has been filed for quashing the order dated 08.01.1999 passed in R.M.C. No. 12 of 1995 by the Collector, Sonepur under Annexure-11 and the order dated 2.8.2008 passed in Bhogra Appeal No. 1 of 1999 by the Revenue Divisional Commissioner under Annexure-13.
(2.) THE case of the petitioner, as averred in the writ petition, in brief, is that an area of Ac. 138.46 decimals of land in Khunti No. 1/1 of village Menda under the ex-State of Sonepur was Khamar land by status. The then ruler, Maharaja of Sonepur was the owner in possession of the aforesaid property. The petitioner was appointed as a lessee in respect of the aforesaid entire area by the ruler in the year 1955-56 on payment of lease premium of Rs. 4200/- and from the date of lease, the petitioner was continuing in possession over the same as of right. The petitioner has further averred in the writ petition that some of the opp. parties had interfered with the possession of the petitioner over a portion of the disputed property and took away the paddy crops forcibly for which a proceeding under section 145 Cr. P.C. was initiated in the year 1955-56. Thereafter, the petitioner filed Money Suit No. 10 of 1956 before the learned Subordinate Judge, Bolangir claiming recovery of a sum of Rs. 3484/- towards damages. It is further alleged that the judgment passed in the aforesaid suit was subsequently challenged in Second Appeal No. 380 of 1959 in which this Court vide its judgment dated 17.8.1961 dismissed the appeal upholding the finding that the Yuvraj of Sonepur had Ac. 150.00 of Khamar lands and the petitioner took lease of the entire Khamar lands and also is in possession of the same by raising paddy crops. The petitioner has annexed the judgment passed in the Second Appeal No. 380 of 1959 as per Annexure-1 to the writ petition. It was further alleged in the writ petition that the petitioner had also filed Title Suit No. 130/17 of 1969-73 with a prayer to declare his title in respect of certain land and the said suit having been dismissed, he filed Title Appeal No. 18 of 1978 before the learned District Judge, Bolangir. The said appeal was allowed. Against the aforesaid judgment, Second Appeal No. 293 of 1974 was filed, which was dismissed holding therein that the petitioner was a lessee in respect of the suit land and has acquired the right of occupancy over the same. Apart from this, so many suits and second appeals have been referred to in the writ petition alleging that the present disputed property was a part of the Khamar land over which the petitioner had obtained the lease from the ex-ruler and, as such, he was/is continuing in possession of the same as per the decision rendered in the respective cases. By referring to the said judgments passed in different suits and second appeals, the petitioner claimed that he was inducted as a lessee in respect of the suit land, and, as such, the status of the land was "Khamar" and not "Bhogra" as held in the impugned order. The petitioner has further alleged that without calling for the records in Bhogra proceeding No. 93 of 1955- 56, the finding of possession as recorded by the Collector as well as Revenue Divisional Commissioner in Bhogra Appeal No. 1 of 1999 is without any basis and not in conformity with the remand order dated 28.6.1980 passed in Bhogra Appeal No. 81 of 1963 under Annexure-6 to the writ petition.
(3.) THE opp. parties further stated in their counter affidavit that the disputed property involved in the present case, i.e., Khunti No.1, area Ac. 138.46 decimals in village Menda is a part of that area, which was the subject-matter of dispute in O.T.R. Revision Case No. 1211 of 1962 where 11 different persons claiming to be the purchasers in respect of the entire Ac.138.46 decimals claimed to be landlord on the basis of the alleged purchase from the then Raja. The claim of the aforesaid persons having been negatived in the aforesaid O.T.R. case which was confirmed in revision, such persons have filed O.J.C. No. 2 of 1965 and O.J.C. Nos. 95 to 104 of 1965 before this Court. The aforesaid writ petitions ended in compromise entered into between the parties and accordingly, a compromise petition was filed before this Court on 2.5.1969 incorporating the present disputed properties in such compromise petition, describing the status of the same as Bhogra land. The present petitioner being opp. party in that batch of writ petitions has sworn an affidavit acknowledging the status of the land as Bhogra. While the position was continuing as such, the predecessors of the opp. party being in actual possession over Ac. 46.47 decimals of the disputed land out of the total area of Ac. 138.46 decimals being aggrieved by the order passed in Bhogra Conversion Proceeding No. 93 of 1955 filed Bhogra Appeal No. 81 of 1963 challenging the direction for settlement of aforesaid land in the name of the Ex-ruler, i.e., Maharaja of Sonepur. In the said appeal, the present petitioner on 14.4.1966 filed an application to be impleaded as one of the respondents challenging the claim of the present opp. parties over the disputed land. In the said application for impletion of party, the present petitioner had also admitted the status of the land as Bhogra.