ABDUL JAFAR RAY Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Revenue Divisional Commissioner (Central Division, Cuttack) [RDC], by the impugned order dtd. 25/11/2021, dismissed the Appellant's Revision Petition No. 74 of 2018 under Sec. 15(b) of the Orissa Survey and Settlement Act, 1958 (OSS Act) seeking a direction to the Tahasildar, Baripada to correct the Record of Rights (RoR) in respect of the suit land and record the Appellant's name on the basis of a registered sale deed (RSD) in his favour. The RDC rejected the Appellant's prayer on the ground that 'the flow of right title interest from Sabik RT to the claimants was not well justified as the petitioner could not explain how the vendor Parasmani Patnaik got the power of attorney from the son of the Sabak RT.' It was further observed that the land scheduled did not conform to the description in the RSD.

(2.) Counsel for the Appellant submits that the Appellant has in his possession sufficient documents not only to establish the flow of right, title and interest, but also to show that the schedule mentioned in the RSD deed is consistent with the description in the application made for correction of the RoR.

(3.) Mr. D.K. Mohanty, learned AGS submits that if the Appellant does possess such documents, then he should file a recall petition before the RDC.