SIMA MAYEE GURUBALA Vs. GOLAKHA CHANDRA SAHOO

JUDGEMENT

(1.) THE petitioners in this writ application have sought to challenge a common order passed by the Commissioner, Consolidation, Board of Revenue, Orissa, Cuttack, dated 9th February, 2004 passed in Revision Case Nos. 163, 164, 167 and 168 of 2003, confirming the order passed by the Deputy Director, Consolidation, Kendrapara, in Appeal Case Nos. 76, 77, 78 and 79 of 2002 filed under Section 12 of the O.C.H. and P.F.L. Act, 1972 in which direction had been issued by the said Deputy Director to record the disputed land situated in village Beltal, P.S. Pattamundai in the district of Kendrapara, L.R. Khata No.1143, L.R. Plot No.1963/3644, area Ac. 0.010 decimal corresponding to Hal Khata No.1368, Hal Plot No.2022/3596 area Ac.0.010 decimal and further corresponding to part of Sabik Plot No.1086, in the names of the opp.parties 1 to 4.

(2.) THE facts leading to the present challenge are that the present petitioner Nos.1 and 2 are the wife and daughter of late Sanjay Kumar Sahoo. The said Sanjay Kumar Sahoo had purchased the disputed property from opp.party No.5 -Rama Krushna Panda. The property consisted of an area Ac.0.010 decimal having pucca house over the same and it is further averred that one Rama Krushna Panda had executed a sale deed on 19.8.2000 in favour of Sanjay Kumar Sahoo and the said deed was registered on 10.11.2000. Upon the demise of late Sanjay Kumar Sahoo, both the present petitioners (being wife and daughter of late Sanjay Kumar Sahoo) filed Objection Case No.753 of 2001 before the Consolidation Officer, Pattamundai for recording their names in the land records in respect of the disputed land, in view of the fact that they were the only successors in interest of late Sanjay Kumar Sahoo. Opp.parties 1 to 4 also filed Objection Case No.754/2001 before the same Consolidation Officer to record the disputed land in their favour on the strength of a registered sale deed No.1532 dated 18.9.2000. Both the aforesaid Objection Cases, i.e., Objection Case No.753/2001 filed by the present petitioners and Objection Case No.754/2001 filed by the opp.party Nos.1 to 4 were heard together and disposed of by the Consolidation Officer, by a common judgment dated 20.3.2002 under Annexure -1 with the following conclusion.

(3.) THEREAFTER , the present petitioners filed Revision Case Nos. 163, 164, 167 and 168 of 2003 in the Court of the Commissioner, Consolidation, Board of Revenue, Orissa, Cuttack and the same were disposed of by a common judgment dated 9th February, 2004 under Annexure -3 and the learned Commissioner concurred with the view expressed by the Deputy Director of Consolidation in appeals and concluded as follows :