SANKAR SETHI 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 petitioner praying for directing the Tahasildar, Bhubaneswar (O.P. No.2) for the preparation of the R.o.R of the case land in the name of the petitioner correcting the same from the name of the Government and also correcting the Kisam thereof from Chhota Jungle to Baje Phasala-3 as it was in the previous R.o.R in the name of the vendor of the petitioner.

(2.) The case land is Hal Plot No.2001 under Hal Khata No.2239 in Mouza-Patharagadia, which corresponds to Sabik Plot No.582, which corresponds to Plot No.582/1794 under Khata No.539 (Annexure-1).

(3.) During settlement operation, the settlement authorities recorded the case land illegally under Khata No.2239 Plot No.2001 Ac.0.055 decimals indicating/reflecting erroneously to its Kisam as Chhota Jungle. In fact, the case land was/is under the possession of the petitioner having its Kisam as Baje Phasala-3, as reflected in the R.o.R vide Khata No.539 (Annexure-1). For which, the recording of the case land by the settlement authorities in the name of the Government ignoring the settlement of the same in W.L. Case No.470/1979 in favour of the vendor of the petitioner and confirmation of the same on dtd. 31/3/1999 by the A.D.M. Bhubaneswar on the basis of the order passed on dtd. 2/2/1998 in OJC No.526 of 1998 is baseless.