SISIRA MOHANTY Vs. COMMISSIONER CONSOLIDATION

JUDGEMENT

(1.) HEARD Mr. Sahoo, learned counsel appearing for petitioners, Mr. Purohit, learned counsel appearing for opposite party No. 5 and learned Addl.Government Advocate appearing for opposite party Nos. 1 to 4.

(2.) THE judgment dated 19th December, 1986 passed by the Commissioner, Consolidation in Consolidation Revision Case No. 1126 of 1986 in exercise of the powers conferred upon it under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 is assailed in this writ petition.

(3.) WHILE matter stood thus, an objection case was filed by opposite party No. 5, inter alia, taking a stand that he had purchased the lands from Dinabandhu Mohanty, the recorded owner. The allegation that the petitioners were the legal heirs of Dinabandhu Mohanty, who had purchased the lands in the execution case, was also stoutly denied by opposite party No. 5. According to him, Dinabandhu Mohanty son of Netrananda Mohanty was the auction purchaser who had alienated the disputed property in his favour by a registered sale deed and by virtue of the said sale deed he had acquired right, title and interest over the lands and was in possession thereof and prayed to record the lands in his favour. The plea of the opposite party No. 5 was negatived by the Deputy Director. Being aggrieved by the order passed by the Deputy Director, opposite party No. 5 approached the Commissioner, Consolidation under Section 36 of the Act and the Commissioner allowed the revision and directed that the lands should be recorded in the name of opposite party No. 5, Laximinarayan Patra, son of Gopinath Patra. The said order, as stated earlier, is assailed in this writ petition.