STATE Vs. PRAVABATI DAS

JUDGEMENT

(1.) By way of the present appeal, the appellants-writ petitioners have called in question the legality, propriety and correctness of the order dated 21.06.2013 passed by the learned Single Judge in W.P. (C) No.14474 of 2012 whereby direction has been given for correction of the R.O.R. in accordance with the order passed by the competent authority under the Orissa Estates Abolition Act, 1951 ( hereinafter referred to as the "O.E.A. Act") as per the provisions of Section 15(b) of the Orissa Survey & Settlement Act, 1958 (hereinafter referred to as the "O.S.S. Act").

(2.) The fact as it appears from the record, is that respondent no.1 is the wife and respondent no. 2 and 3 are the sons of late Satyabadi Das. The dispute relates to Sabik Khata No.1 under Sabik Plot No.9 comprising of an area Ac.20.00 dec. which corresponds to Hal Khata No.330 under Hal Plot No. 11, area Ac.2.72 dec. and Hal Plot No.12, area 17.55 dec. under Mouza-Bidyadharpur in the district of Cuttack. The land has been vested with the Government free from all encumbrances under sub-Section(1) of Section 3 of the O.E.A. Act vide Notification No.22613-EA dated 21.05.1960 of the Revenue Department, State of Orissa. After eight years of vesting of the estate, Satyabadi Das, husband of respondent no.1 filed an application before Tahasildar, Cuttack to declare him as a tenant in respect of the disputed land on the ground that he has got the land on the basis of an unregistered Hat Patta issued by the ex-intermediary. Bhagaban Das, ex-intermediary granted lease of the case land in favour of late Satyabadi Das by executing lease deed dated 21.03.1944 upon payment of Salami and rent. Thereafter, late Satyabadi Das used to pay rent to the ex-intermediary, which has been admitted by way of an affidavit sworn by him on 24.10.1968. By virtue of vesting of estate of the intermediary with the State, Ac.20.00 dec. of land under Sabik Plot No.9 was settled with late Satyabadi Das under the provision of O.E.A. Act by order dated 10.10.1982 passed in Misc. Case No. 53 of 1968-69 by O.E.A. Collector-cum-Tahasildar, Sadar Cuttack. During the settlement operation, the case land under Hal Plot Nos.11 and 12 has been wrongly recorded as "Abada Jogya Anabadi" in the name of the State Government under Hal Settlement Khata No.330. Respondent no.1 filed an application under Section 15(b) of the O.S.S. Act by way of a revision for correction of the R.O.R.

(3.) Learned Additional Commissioner, Settlement and Consolidation, Odisha, Cuttack by order dated 15.02.2011 passed in R.P. No 717/10 filed Under Section 15(b) of the O.S.S. Act, remitted the matter back to the Tahasildar, Cuttack Sadar to verify the relevant documents and record the suit Hal Plot No. 11 area Ac.2.72 dec. and plot No.12 area Ac.14.05 dec. in the names of respondents under a separate Khata after carving out from the impugned R.O.R. No. 330 as per law. The aforesaid order was challenged in W.P.(C) No.14476 of 2012 by the State alleging that the said order has been passed without appreciating the materials on record, without verifying the records and without looking at the matter of settlement of land under O.E.A. Act and that the said settlement is without jurisdiction and the entire matter of settlement under O.E.A. Act is nothing but fraud on Court and the order of settlement in favour of the predecessor of the respondents by the Tahasildar, is without jurisdiction inasmuch as the Tahasildar has no jurisdiction to settle such a huge patch of land. On the aforesaid ground the State prayed for setting aside the revisional order.