KESHAB CHANDRA PANDA Vs. KASTURI MAHATAM

JUDGEMENT

(1.) Initially order dated 09.02.2006 passed by the Joint Commissioner Settlement and Consolidation, Sambalpur in Settlement R.P. Case No.592 of 2005 (Annexure-5) was challenged in this writ petition. Subsequently by way of amendment order dated 03.08.2012 (Annexure-9) passed by the Member, Board of Revenue Orissa, Cuttack in OSS Case No.726 of 2003 has also been challenged by the petitioner.

(2.) The dispute relates to Ac.1.57 of land out of Ac.9.36 of Hamid Settlement Plot No.1018 of Khunti No.114 corresponding to M.S. Khata No.687 and Plot Nos.6104, 6105, 6106, 6107, 6112, 6087/8279, 6088/8280 and 6108/8281, measuring total area of Ac.1.570 in villageGolgunda is the subject matter of dispute.

(3.) The disputed Plot No.1018 of the Hamid Settlement is said to be a rayati land of one Dukhi Gauntiani Mahatam. On 10.08.1963 Dukhi Gauntiani sold the disputed land measuring Ac.1.57 decimals out of the said plot to one Nirod @ Narendra Kumar Bhattacharya by registered sale deed and delivered possession. After vesting the State of Orissa claimed part of the disputed plot for which Dukhi Gauntiani filed T.S. No.4 of 1966 against the State of Orissa in the court of the learned Sub-Judge, Sambalpur in respect of the land claimed by the State. In the trace map attached to the plaint the subject matter of the suit plot was specified in 'Red" colour as described in Schedule 'B' of the plaint apart from some other undisputed plots. The suit was decreed on 13.05.1967 on contest with the finding that since the disputed plot was the rayati land of Dukhi Gauntiani, it did not vest to the State and accordingly it was found that Dukhi Gauntiani had title in respect of the disputed Hamid Settlement Plot No.1018. The decree has become final.