SANTOSH KUMAR MOHANTY Vs. REVENUE DIVISIONAL

JUDGEMENT

(1.) THIS writ application has been filed by the petitioners challenging the order dated 11.8.2006 passed by the R.D.C., Central Division, Cuttack, in R. P. Case No. 13 of 2005 in a proceeding under Orissa Survey and Settlement Act, 1962.

(2.) THE brief facts of the case are as under: Opposite Party No. 4, Kishore Ch. Mohapatra, filed the aforesaid revision case before the Revenue Divisional Commissioner, Central Division, Cuttack for correction of R.O.R. He is the western adjacent neighbour of the present petitioners in this case. The disputed suit sabik plot No. 2275 in sabik khata No. 656/2/402 situated in Mouza -Baripada, Ward No. 10 in Baripada Town of Mayurbhanj District measuring an area of Ac.0.25 decimals stood recorded in the name of one Harapriya Devi @ Mohapatra as per sabik settlement record of right of the year 1935 -36. Said Harapriya Devi died leaving behind her son Khirod Oh. Mohapatra who also died after the settlement operation. The present opp.party No. 4, his brother, mother and sister are the legal heirs of said Khirod Ch. Mohapatra and opp.party No. 4 being the eldest son of the family has filed the revision for correction of R.O.R. and map of the suit plot which was wrongly recorded in Hal settlement to the extent of only Ac. 0.22 decimals under Hal Settlement Khata No. 48, plot No. 384 in Mouza -Baripada, Ward No. 10 in Baripada town.

(3.) THE present petitioners have filed their objection to Section 5 of the Limitation petition and also filed objection on the merit of the case. In the present writ application the learned Counsel for the petitioners have contended the on 11.8.2006 the matter was posted for hearing on the question of limitation, but the opposite party No. 1 has disposed of the case on merit. After perusal of the records it is revealed that the matter was posted for hearing and note of argument on merit has also been filed on the said date.