STATE OF ORISSA AND ANOTHER Vs. JUDHISTIRA BEHERA

JUDGEMENT

(1.) The defendants are the appellants against a confirming judgment.

(2.) The respondent and his father as plaintiffs instituted the suit for declaration of title, order passed by the Tahasildar, Bissamcuttack, defendant no. 2 in Encroachment Case No. 22/81 is void and permanent injunction. The case of the plaintiffs was that the Tahasildar, Bissamcuttack settled plot nos. 82, 81/1 & 84 of khata no. 20 measuring an area Ac.0.75 cent in favour of plaintiff no. 1. Patta was issued in his favour on 4.9.1969, vide Ext.1. Thereafter revenue records were corrected. He paid the rent and cess fixed by defendant No. He was in possession of the suit land. While the matter stood thus, defendant No. 2 initiated Encroachment Case No. 22/81 under the provision of the Orissa Prevention of Land Encroachment Act ('O.P.L.E. Act') against plaintiff No. He appeared and contended that he was in possession of the land by virtue of Ext.1. But then the order of eviction was passed. Against the same, he filed O.P.L.E. Appeal No. 10/83 before the Sub-Divisional Officer, Gunupur, which is sub-judice. With this factual scenario, the suit was instituted seeking the relief mentioned supra.

(3.) The defendants entered appearance and filed written statement denying the assertions made in the plaint. It was pleaded that defendant No. 2 had not settled the land in favour of plaintiff No. 1. The suit plot had been recorded as Government land. The plaintiffs had no semblance of right, title and interest over the same. The suit land had been recorded in the name of Government as 'Basti' in Rakhita khata. No rent was collected from the plaintiffs. The plaintiffs had not acquired any rayati right over the suit land. The order passed by defendant No. 2 under the O.P.L.E. Act was legal and valid.