SARBESWAR JENA Vs. ILLABALA JENA

JUDGEMENT

(1.) Heard Mr. Sankarsan Rath, Learned Counsel appearing for the Petitioners and the Learned Counsel appearing for opp. parties 2 and 3. None appears for the Opp. Party No. 1 though she is represented by a Counsel.

(2.) THE Petitioners in this Writ Petition have challenged the Order dated 18.9.2003 passed by the Joint Commissioner, Settlement and Consolidation, Bhubaneswar (for short, 'the Commissioner) in Consolidation Revision No. 424 of 2002 confirming the Order dated 15.1.1987 passed by the Assistant Consolidation Officer (for short, the ACO) in Partition Case No. 465 of 1996 on the ground that the impugned order passed by the ACO is without jurisdiction and also cannot be sustained on merit.

(3.) DURING measure Settlement operation in the year, 1960 - 61, late Satyabhama Dei on producing the registered sale deed before the Settlement Authority, the purchased lands were recorded in her name in the draft Record of Rights under a separate khata. As during the Settlement operation, the said Satyabhama Dei expired, final Record of Rights was prepared in the names of her successors, namely, Sarbeswar Jena - (original Petitioner No. 1), Gangadhar Jena, Bhaskar jena and Smt. Pakili Jena. The original Petitioner No. 1 - Sarbeswar Jena having expired during pendency of the Writ Petition, his legal heirs have been substituted in this Writ Petition as Petitioner Nos. 1 (a) and 1 (b). It is claimed by the Petitioners that they are in possession of the land in question and were paying rent to the Government.