SUSMITA PANDA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for quashing the final order dtd. 28/9/2022 passed in Consolidation Misc. Case No.4 of 2016 by the Collector, Bargarh (opposite party No.2) vide Annexure-7.

(2.) The factual backgrounds of the matter, which prompted the petitioner for filing of this writ petition is that, the petitioner purchased part chaka land of Chaka No.38 Plot No.61 A0.20 decimals out of A1.72 decimals under Khata No.133 in Mouza Tingipali under Barpali Tahasil in the district of Bargarh from its recorded owners i.e. Rama Padhan and Mitrabhanu Padhan through Registered Sale Deed No.878 dtd. 27/9/2002, to which, one Nidhi Padhan (son of Late Mitrabhanu Padhan) challenged by filing Consolidation Misc. Case No.4 of 2016 before the O.P. No.2 (Collector, Bargarh) against the petitioner and others praying for declaring that, the sale deed No.878 dtd. 27/9/2002 executed in favour of O.P. No.1 as void as per Sec. 34 & 35 of the OCH & PFL Act, 1972 and to evict him (O.P. No.1 in Consolidation Misc. Case No.4 of 2016) from the case land.

(3.) After hearing from both the sides, the Collector, Bargarh allowed that Consolidation Misc. Case No.04 of 2016 filed by Nidhi Padhan (O.P. No.3 of this writ petition) as per its final order dtd. 28/9/2022 (Annexure-7) assigning the reasons that,