LAWS(ORI)-2015-7-64

JABAR Vs. STATE OF ORISSA AND ORS.

Decided On July 30, 2015
Jabar Appellant
V/S
State of Orissa and Ors. Respondents

JUDGEMENT

(1.) Common order dated 27.12.2007 passed by the Settlement Officer, Cuttack Major Settlement (opposite party no.3) in Appeal Case Nos.455 of 2003, 658 of 2003 and 363 of 2004 rejecting the petitioner's application to recall final appellate order dated 31.08.2006 and to hear the appeals afresh, has been assailed in this writ application.

(2.) The final common appellate order dated 31.08.2006 passed in all the three appeals had not been filed along with the writ petition, but subsequently on the direction of the court, the certified copy of the said order has been filed along with additional affidavit of the petitioner dated 17.04.2015.

(3.) The petitioner's case is as follows : (A) The disputed land in toto involved in all the three appeals measuring Ac.5.00 appertaining to Hal plot no.4969 under Hal khata no.1076 in mouza-Gadakana, P.S.Mancheswar, Dist-Khurda corresponds to sabik plot no.4047 under khata no.918. It is stated that the said land originally belonged to the Raja of Kanika, the Exintermediary, who had leased out the same in favour of the father of the petitioner on 03.02.1944 by way of 'rayati patta'.