JAGANNATH SAHU Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Inaction of Opposite Parties-functionaries of the State in changing status of the land mentioned in the Record of Right (ROR) from 'Dakhal Satwa Sunya' to 'Stithiban' is the subject matter of challenge in this writ petition.

(3.) Case of the Petitioners in brief relevant for adjudication is that Plot No.1312/1629 to an extent of Ac.2.00 decimal and Plot No.1318 to an extent of Ac.1.880 decimal, both under Khata No.343/136 situated in mouza Jagannath Prasad under Bhubaneswar Tahasil in the district of Khordha (for brevity 'the case land') stands recorded in the name of one Biswanath Sahu (father of Petitioner Nos.1 and 2 and proforma Opposite Party No.5). The Kisam of the case land is recorded as 'Gharabari'. In Column No.3 of ROR, the status of the case land has been described as 'Dakhal Satwa Sunya'. Petitioner Nos.1 to 5 are the successors of the recorded tenant, namely, late Biswanath Sahu. It is pertinent to mention here that late Biswanath Sahu and his wife Sarojini Sahu had three sons, namely, Jagannath, Lingaraj and Lokanath and one daughter, namely, Sujata. Sujata Sahu has been added as proforma Opposite Party No.5 to the writ petition. Lingaraj Sahu is dead leaving behind Petitioner Nos.3 to 5 as his legal heirs. During his life time, the recorded tenant, namely, Biswanath Sahu had executed a Power of Attorney-cumDevelopment Agreement (Annexure-2) in favour of the Developer, namely, Petitioner No.6-M.J. Developers for development of the case land. The recorded tenant died on 22/1/2018 leaving behind his legal heirs as stated above.