MADAN MOHAN PANIGRAHI Vs. REVENUE OFFICER

JUDGEMENT

(1.) The core question which falls for determination in this case is whether there exists the relationship of landlord and tenant between petitioners and opp. party No. 4, Balakrushna Panigrahi, within the meaning of Section 2 (31) of the Orissa Land Reforms Act, 1960 (hereinafter referred to as the 'Act') in respect of the land in dispute. The land in question is 22 acres in extent in village Nuagaon,

(2.) THE revisional order of the Additional District Magistrate,Ganjam (opp. party No 3) dated 23 -12 -1989(Annexure -9) in which he set aside the appellate order of the Officer -on -Special Duty (opp party No. 2) dated 29 -9 -1937 (Annexure -5) and confirmed the order of the Revenue Officer, Digapahandi (opp. Party No 1), dated 22 -1 -1987 (Annexure 4) is assailed in the writ petition. The petitioners have prayed tor quashing the order as per Annexures - 4 and 9.

(3.) THE opp. party No 4 refuted the claim of the petitioners. He denied that they had cultivated his land at any point of time or had paid any rent to him. His case was that the entire land was in his personal cultivation; that in 1975 on the Instigation of U. N. Samaratra with whom he had political rivalry the petitioners trespassed upon the land and raised false claims of tenancy in respect of the same.