KHIROD CHANDRA BEHERA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition, petitioners have made prayer to quash the order under Annexure-9 dated 17.12.2008 passed by the Commissioner, Consolidation & Settlement Orissa, Bhubaneswar in Settlement Revision Case No.496 of 2005, a proceeding under section 15(b) of the Orissa Survey and Settlement Act,1958 ( for short, ,,the Act) instituted by opposite parties 5 to 13. By the said order Tahasildar, Bhubaneswar was directed to "examine the relevant documents, inviting parties, make Sabik Hal correlation, make field enquiry and to decide the matter as per law."

(2.) FACTS relevant for adjudication of the dispute raised in this writ petition are that the case lands are situated within Bhubaneswar Tahasil under Khurda district. When Settlement Revision Case No.496 of 2005 was pending notification under Annexure-10 dated 20.2.2008 was issued by the Government of Orissa, Revenue and Disaster Management Department. The notification reads as follows: <FRM>JUDGEMENT_31_TLORI0_2013.htm</FRM>

(3.) IT is also not disputed that another notification as published in the Extraordinary issue of Orissa Gazette on 30.12.2008 reads as follows: <FRM>JUDGEMENT_31_TLORI0_20132.htm</FRM>