DAITARI SWAIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the Petitioners praying for quashing the impugned order dtd. 20/2/2025 (Annexure-7) passed in Consolidation Revision No.113 of 2023 by the Land Reforms Commissioner-cum-Commissioner Consolidation and Settlement, Odisha, Cuttack (O.P. No.2).

(2.) The case of the Petitioners is that, the Petitioners are the owners of non-consolidable Plot No.451 under Khata No.21, Ac.0.23 dec. in Mouza Nalakani under Erasama Tahasil and the R.o.R. of the same has been published in their names by the Consolidation Authorities. The O.P. Nos.5 to 8 are the owners of Plot No.450 Ac.0.27 dec. in Mouza Nalakani under Erasama Tahasil, which is adjacent to Plot No.451. They (Petitioners) are in possession over their Ac.0.23 dec. of Plot No.451 according to the area indicated in the R.o.R, but, in the map, two decimals area of their Plot No.451 has been reduced. The said reduced area of their Plot No.451 in the map has been erroneously mixed with the map area of Plot No.450 of the O.P. Nos.5 to 8. For which, the Petitioners filed revision vide Consolidation Revision No.113 of 2023 under Sec. 37 (1) of the OCH and PFL Act, 1972 against the O.Ps praying for correction of the map area of their Plot No.451, because, they (Petitioners) are in possession over the recorded area i.e. Ac.0.23 dec. of their Plot No.451, but, only in the map, two decimals area thereof has been reduced and the same has been mixed with the map area of Plot No.450.

(3.) Heard from the learned counsel for the Petitioners, the learned counsel for the O.P. Nos.5 to 8 and the learned Standing Counsel for the State.