PRABHA RATHO Vs. JOINT COMMISSIONER, SETTLEMENT & CONSOLIDATION

JUDGEMENT

(1.) CHALLENGE is made to the order dated 17.11.2014 passed by the learned Single Judge in WP(C) No. 5520 of 2014. By the said order, learned Single Judge dismissed the writ petition and thereby confirmed the order dated 24.2.2014 passed by the Joint Commissioner, Settlement and Consolidation, Orissa, Cuttack, respondent No. 1, refusing to correct the record -of -right in favour of the appellant.

(2.) AS would be evident from the materials on record, the petitioner -appellant filed Revision Case No. 184 of 2013 before the Joint Commissioner, Settlement and Consolidation, Orissa, Cuttack, respondent No. 1, under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as "the Act") for correction of record of right in respect of consolidation Khata No. 464, Plot No. 948, area of Ac.0.42 dec. and Plot No. 949, area of Ac.7.69 dec. of Mouza -Kurunti on the ground, inter alia, that the Addl. Tahasildar, Cuttack Sadar, settled Khata No. 401/13, Plot No. 1150, area of Ac.8.11 dec. in Vesting Case No. 3810 of 1976. The Addl. Tahasildar in his order had settled Khata No. 439, Plot No. 1150, area of Ac.8.11 dec. in favour of Smt. Annapurna Dibya widow of Choudhury Jadunath Das of Bhingarpur, P.S. Balianta, Dist -Puri as per G.O No. 14399 dated 2.3.1964 on the basis of the report of the R.I. Before the respondent No. 1, the Tahasildar, Baranga submitted para -wise comments stating therein that O.E.A Revision Case Nos. 07/12 and 08/12 had been filed by the Collector, Cuttack before the Member, Board of Revenue, Odisha, Cuttack. It was contended on behalf of the State of Odisha that the case land stands recorded in the Abadajogya Ananbadi Khata No. 439 during Hal Settlement and R.O.R had been finally published on 2.1.1974. After hearing the matter at length, the respondent No. 1 held that the vesting of the case land had not been confirmed by the Board of Revenue as required under Section 5(i) of the O.E.A Act, 1951. Further, O.E.A Revision Cases are sub judiced before the Member, Board of Revenue, Orissa, Cuttack which includes the case khata. Having held so, the respondent No. 1 dismissed the application. Learned Single Judge did not decline to interfere with the order passed by the respondent No. 1.

(3.) MR . Panda, learned counsel for the appellant, submits that in Vesting Case No. 3810 of 1976, the Addl. Tahasildar, Cuttack, settled the land in favour of Smt. Annapurna Dibya widow of Choudhury Jadunath Das of Bhingarpur, P.S. Balianta, Dist -Puri by virtue of G.O No. 14399 dated 2.3.1964. He further submits that the respondent No. 1 has committed a manifest illegality and impropriety in not correcting the record -of -right.