BUDHURAM BHOE AND ORS. Vs. TAHASILDAR, LAKHANPUR

JUDGEMENT

(1.) In this writ petition, challenge is made to the order dated 15.4.2015, vide Annexure-4, passed by the Tahasildar, Lakhanpur, opposite party, in Misc. Case No.1 of 2015, whereby and whereunder the opposite party corrected the record-of-right (hereinafter referred to as "the ROR") under Rule 34(e) of the Orissa Survey & Settlement Rules, 1962 (hereinafter referred to as "the Rules").

(2.) The case of the petitioners is that their forefathers were the recorded tenants of the land appertaining to Khata No.137 of MouzaSashajbhal under Lakhanpur Tahasil of Jharsuguda District in the Hamid settlement. The petitioners are in possession of the said property. While the matter stood thus, the opposite party initiated a suo motu proceeding, which is registered as Misc. Case No.1 of 2015 and issued notice to them and other co-sharers. In the notice, vide Annexure-2, it is stated that as per verification, Plot No.752, Khata No.137 has an area Ac.1.090 dec., but in the ROR the area is mentioned as Ac.0.040 dec. Similarly, Plot No.753 appertaining to Khata No.161 is a Government plot having area of Ac.0.040 decimal as against Ac.1.090 dec. As per ROR, Plot No.753 is a pond, whereas Plot No.752 is the cultivable land. On verification, it was found that Plot No.752 is a pond and Plot No.753 is a cultivable land. Pursuant to issuance of notice, the co-sharers including the petitioners entered appearance and filed their objections, inter alia, challenging the maintainability of the proceeding. It is stated that the Settlement Commissioner has the jurisdiction to make any changes in the ROR and Map. Further, the proceeding was initiated to acquire the land appertaining to Plot No.753 for establishment of industry. By order dated 15.4.2015 opposite party allowed the misc. case.

(3.) Heard Mr. Ashok Mohanty, learned Senior Advocate along with Mr. K.A Guru, learned counsel for the petitioners and learned Advocate General for the opposite party.