SUTAR CHEMICAL PRIVATE LIMITED Vs. COLLECTOR

JUDGEMENT

(1.) In this appeal under Clause-10 of the Letters Patent, the appellants call in question the legality and propriety of the judgment and order dated 10.10.2013 passed by the learned Single Judge in W.P.(C) No.31773 of 2011, whereby and whereunder, the learned Single Judge dismissed the writ petition and confirmed the order dated 28.11.2011 passed by the Collector, Balasore in Consolidation Case No.8 of 2007. By order dated 28.11.2011, the Collector, Balasore-respondent no.1 held that RSD No.4172 dated 7.12.1990, RSD No. 4173 dated 7.12.1990 and RSD No.1147 dated 16.10.2007, which had been executed in contravention of Sec. 34 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as "the Act"), are void. Having held so, respondent no.1 evicted the present appellants, who are opposite parties 3 and 4 in consolidation case, from the land transferred to them vide RSD No.1147 dated 16.10.2007.

(2.) Bereft of unnecessary details, the short facts of the case of the appellants are that one Sridhar Sahoo was the recorded owner in respect of consolidation khata no.291, chaka no.48, chaka plot No.92, areaAc.1.16 dec. of mouza-Sanamaitapur under the Balasore Tahasil. During his life time, he had executed two registered sale deeds bearing RSD No.4172 dated 7.12.1990 in respect of khata no.291, chaka no.48, plot no.92, area Ac.0.08 dec. and RSD No.4173 dated 7.12.1990 in respect of khata no.291, chaka No.48, plot no.92, area Ac.0.40 dec. in favour of respondent nos.3 and 4. Thereafter, respondent no.4 alienated an area of Ac.0.24 dec. out of Ac.0.48 dec. in favour of Narayan Sahoo, father of respondent no.2 by means of RSD No.1283 dated 1.10.2002. While the matter stood thus, respondent no.3 intended to execute a registered sale deed of the remaining area in favour of the appellants. He made an application before the Tahasildar, Simulia to sale Ac.0.24 dec. land appertaining to khata no.291, chaka plot no.92, chaka no.48. In the said application, the amin submitted the enquiry report and sketch map. After considering the same, the Tahasildar, Simulia, respondent no.5 by order dated 12.10.2007 granted permission to sale the said land in favour of the appellants. Thereafter, respodnentno.3 had executed the registered sale deed on 16.10.2007 and delivered possession. After purchase, the appellants laid mutation case. By order dated 15.2.2008, in Mutation Case No.1683 of 2007 the respondent no.5 mutated the land in favour of the appellants and granted record of rights. The appellant no.1 had also filed OLR Case No.23 of 2008 under Sec.8(A) of the Orissa Land Reforms Act for conversion of the land. The same was allowed on 30.7.2008 and, accordingly the record of right was issued. After mutation, appellant no.1 has developed the land and constructed a weigh bridge. He has also constructed a house and installed an electric transformer for his business. While the matter stood thus, respondent no.2 had filed Consolidation Misc.Case No. 8 of 2007 before the Collector, Balasore under Sec. 35(1) of the Act for a declaration that the RSD Nos. 4172 and 4173 dated 7.12.1990 and 1147 dated 16.10.2007 are void and to delivery possession of the land.

(3.) Pursuant to issuance of notice, the appellants entered appearance and filed their objections contending, inter alia, that the lands were sold after obtaining due permission under Sec. 34 (3) of the Act. It was further contended that in order to harass them, respondent no.2 had also filed a Civil Suit, being C.S.No.620 of 2008, in the Court of the learned Civil Judge, Senior Division, Balasore.