SUKADEV NAYAK Vs. TAHSILDAR, NIALI

JUDGEMENT

(1.) C .R. Dash, J. Tahsildar, Niali (opp. party no.1) vide composite order dated 29.10.2009 passed in O.L.R. Case No.67 of 1988 rejected the petition for amendment filed by the petitioner and the objection to the Amin's report filed by the petitioner. Aforesaid order is impugned in this writ petition.

(2.) THE petitioner filed O.L.R. Case No.67 of 1988 before the Tahsildar, Niali (opp. party no.1) to declare him as a 'Raiyat' in respect of Hal Settlement Plot No.3395 measuring Ac.0.04 decimals under Khata No.136 of mouza Pubakhanda. After taking evidence in the case and after hearing the parties, the Tahsildar, Niali (opp. party no.1) on 28.02.1990 allowed the petition of the petitioner declaring him as a 'Raiyat' in respect of the aforesaid land.

(3.) IN course of the earlier proceeding in O.L.R. Case No.67 of 1988, Amin's report was obtained. After remand, further order was passed for deputation of an Amin to enquire and the report of the Amin was obtained. In the earlier Amin's Report there was mention about existence of a thatched house on the disputed plot. In the recent Amin's Report there is no mention about existence of any thatched house.