SUMITRA SAHU 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 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 to the name of the petitioner and also correcting the Kisam thereof from Chhota Jungle to its status as it was in the previous R.o.R in the name of the petitioner.

(2.) The case land is plot No.1198/1731/1939 Ac.0.125 decimals under Khata No.325/315 (Annxure-3) in Mouza-Patharagadia under Chandaka P.S., which corresponds to Sabik Plot No.1198 under Sabik Khata No.420, which corresponds to Hal plot No.4712 & 4713 under Hal Khata No.2239 (Annexure-6).

(3.) During settlement operation, the settlement authorities recorded the case land illegally and erroneously in the name of the Government under Abada Jogya Anabadi Khata as per Annexure-6 indicating the Kisam thereof erroneously as "Chotta Jungle". In fact, the case land was/is under the possession of the petitioner having its Kisam as Sarada Tini, as reflected in the R.o.R vide Annexure-3 as Sarada Tini. For which, the recording of the case land by the settlement authorities in the name of the Government changing its Kisam ignoring the settlement of the same in W.L. Case No.2916/1974 in favour of the vendor of the petitioner and the confirmation of the same by the High Court in WP(C) No.1461 of 2006 as per Annexure-5 and superseding the order passed by the High Court on dtd. 13/2/2006 in WP(C) No.1461 of 2006 are baseless.