LAWS(ORI)-2014-8-14

PADMABATI NAIK Vs. GOUDAGAON PRIMARY SCHOOL

Decided On August 19, 2014
Padmabati Naik Appellant
V/S
Goudagaon Primary School Respondents

JUDGEMENT

(1.) OPPOSITE parties 4 to 8 in W.P. (C). No. 1248 of 2009 are the appellants in this Writ Appeal challenging the order dated 14.09.2010 passed by the learned Single Judge in the said W.P. (C).

(2.) W .P. (C). No. 1248 of 2009 was filed before this Court by the present respondent no. 1, Gaudagaon Primary School challenging the order dated 28.11.2008 passed by the learned Revenue Divisional Commissioner, Central Division, Cuttack in R.C. Case No. 29 of 29008, rejecting their claim under Section 37 of the Orissa Consolidation of Holding and Prevention of Fragmentation of Land Act, 1972 for correction of ROR in respect of the land over which its School building situated and recording the said land in their favour.

(3.) AFTER getting the land, Gopinath Naik constructed his residential house over a portion thereof and resided thereon with his family. When the consolidation operation started in the village, after due verification, the said land was recorded in the name of Gopinath Naik in the consolidation records, vide plot No. 598 -Ac. 0.16 decimals, Plot No. 633 -Ac.0.41 decimals and Plot No. 634 -Ac.0.35, in total Ac. 0.92 dec. under Consolidation Khata No. 46.