GOBINDA CHANDRA MOHAPATRA Vs. COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) CHALLENGE is with regard to the orders passed by the authorities under the Consolidation of Holdings and Prevention of Fragmentation of Land Act, (hereinafter referred to as 'the Act'), at different stages in the present writ application by the petitioner herein.

(2.) THE factual backdrop is that the disputed property measuring Ac. 0. 5 decimals situated on Sabik Plot No. 119 corresponding to L. R. Khata No. 52 Plot No. 119, was the 'Kharida Jamabandi Madha -sstwadhikari i. e. intermediary interest of petitioner's father late Krupasindhu Mohapatra. The said land was settled with the petitioner and his name was recorded in the finally published record -of -rights as per the decision rendered in 0. E. A. Case No. 892 of 1965 -66. In the record of right, a note was incorporated to the effect that late Gangadiar Sahoo. husband of opp. party No. 4 has a right of way on the aforesaid land.

(3.) THE learned Addl. Government Advocate supported the orders passed by the Consolidation authorities contending that as the easementary right has been found on the basis of spot visit the same should not be disturbed.