SUKANTA GHOSH Vs. COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) Heard Shri A. P. Bose, learned counsel for the petitioner, and learned Addl. Govt. Advocate for the State-O.P. Nos.1 and 2, and Shri Swroop Patnaik for O.P.No.4. None appears for the O.P. Nos.3 and 5 to 8.

(2.) The petitioner in this writ petition under Articles 226 and 227 of the Constitution of India challenges the order dated 20.11.1998 passed by the Commissioner of Consolidation, Orissa, in Consolidation R.C. No.638 of 1997, vide Annexure-1, dismissing the revision application filed by the present petitioner along with O.P. Nos.6 to 8 under Section 37 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (shortly 'the Act') assailing the preparation of the consolidation record in respect of Consolidation Khata No.256, plot No.743 Ac.1.13 and Khata No.316, plot No.827 Ac.0.60 and plot No.830 Ac.1.61 in all A.3.34.

(3.) The case of the petitioner before the Revisional Authority was that the disputed land originally belonged to the petitioner and O.P. Nos.6 to 8, i.e., the revision petitioners. O.P. Nos.3 to 5 are the strangers to the disputed land but their names have been recorded wrongly in the remarks column as "Bhag Sutre Dakhal" for which the revision application was filed for correction of the R.O.R.,. The present O.P. Nos.3 to 5, who were O.P. Nos.1 to 3 in the aforesaid revision, took the stand that they were declared as Bhag tenants as per the compromise made in the O.L.R. cases filed under the Orissa Land Reforms Act and accordingly their names have been recorded in the remarks column of the R.O.R., vide Annexure-2.