SARAT CHANDRA SAMAL Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed seeking a direction for quashing the order under Annexure-10 passed by the Additional Commissioner, Settlement & Consolidation, Odisha, Cuttack in R.C. Case Nos.157 & 158 of 2003 in exercise of power under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 thereby allowing the revisions in a common order dated 22nd of Sept., 2011.

(2.) Short background involved in this case is that the Revision Case No.157 of 2003 pertains to the L.R. Plot No.1853(P) area Ac.0.06 decimals under L.R. Khata No.417 corresponding to Hal Settlement Plot No.1763(P) area Ac.0.06 decimals under Hal settlement Khata No.400 originally belong to Sunakar Rout, the father of the present opposite party Nos.3 & 4 and the Hal Settlement R.O.R. of the year 1976 has been published accordingly. In the initial stage of consolidation operation, the parcha was prepared and granted in favour of the opposite party Nos.3 & 4 in respect of corresponding suit L.R. Plot No.1853 (P) area Ac. 0.06 decimals under L.R. Khata No.417. The petitioners herein filed objection case bearing No.4060/92 before the Consolidation Officer, Chhatia for recording of the suit L.R. Plot No.1853(P) Area Ac 0.06 decimals of land in their favour on the basis of the registered deed of "Bibad Bhanjan Patra" dated 27.1.1987. The opposite party Nos.3 & 4 though protested the claim of the present petitioners in the said objection case but the Consolidation Officer allowed the Objection Case in favour of the present petitioners and the opposite parties therein. Being aggrieved with the order dated 25.3.1995, the petitioners in the Objection Case i.e. present opposite party Nos.3 & 4 preferred appeal bearing appeal case No.83/95 before the Deputy Director, Consolidation, Range-I, Cuttack, which was dismissed vide order dated 29.10.1996. Petitioners therein i.e. the present private opposite parties being aggrieved by the said order filed the Revision Case No.157 of 2003 in the year 2003. Similarly, the case involved the Revision Case No.158 of 2003 is that the suit L.R. Plot No.1853(P) area Ac.0.03 decimals with classification Gharabari under L.R. Khata No.417 claimed to be recorded in the name of the present private opposite parties along with their deceased mother Oshi Rout, W/o-Sunakar Rout in stitiban status. The suit L.R. Plot No.1853 corresponding to M.S. Plot No.1763 area Ac.0.20 decimals 'Gharabari' along with some other plots under M.S. Khata No.400 was recorded in the name of the father of the private opposite parties, Sunakar Rout, S/o-Anand Rout in stitiban status and the M.S. R.O.R. has been published on 23rd of Aug., 1976 accordingly. It is further revealed that M.S. Plot No.1763 corresponding to Sabik Plot No.1532 (P) along with three other plots total area Ac.0.93 decimals in Sikim Khata No.54 under Sabik Khata No.287 was recorded in the names of Bholanath Nanda, Sudarsan nanda, Rajkishore Nanda, sons of Jagabandhu Nanda, Dhusashan Nanda son of Madhusudan Nanda of Chhatia and note of possession has been reflected in the names of Madhu Samal son of Hadi Samal, Karuni Samal sons of Panu Samal, Raghu Samal son of Gobind Samal by caste 'Khandayat' of Nijagaon Dhulibag in the remark column of Sabik Sikim R.O.R. which was published in the year 1929. As per the said Sabik Record of Right and possession note, the opposite party No.1 Muralidhar Samal in R.C. Case No.158/03 is entitled to get ?rd share, as per the grandson and branch of Madhu Samal whereas the father of the petitioners in the R.C. Case Nos.157/03 & 158/03 is entitled to get ?rd share of Karuni Samal and Raghu Samal by virtue of R.S.D. No.1628 dated 17.1964. In the said registered sale deed, the father of the opposite party Nos.3 & 4 purchased an area of Ac. 0.24 decimals 7 Kadi out of Sabik Plot No.1530 and 153 In the Major Settlement, it has been recorded in the name of the father of the opposite party Nos.3 & 4 corresponding to M.S. Plot No.1758 area measuring Ac.0.03 decimals, 1759 area measuring Ac.0.05 decimals and Plot No.1763 area measuring Ac.0.20 decimals under M.S. Khata No.400. Muralidhar Samal appearing as opposite party No.1 in R.C. Case No.158/03 filed objection Case No.4134/1992 where he prayed to record his name in respect of the area measuring acre 0.5 decimals of land out of L.R. Plot No.1853. The C.O., Chhatia denied the claim, for which an appeal was preferred. The appellate Court allowed the appeal vide Appeal Case No.86/1995 in favour of the Muralidhar Samal by his order dated 29.10.1996 giving rise filing of R.C. Case No.158 of 2003. Both the revisions were heard together and by the order under Annexure-10, the Revisional Authority allowed both the revisions by setting aside the order passed by the appellate authority both in appeal case Nos.83 & 86 of 1995. It be stated here that present writ petition has nothing to do with the R.C. Case No.158 of 2003 involving Appeal Case No.86 of 1995.

(3.) In assailing the impugned order vide Annexure-10 so far it relates to revision case No.157 of 2003 arising out of Appeal Case No.83 of 1995, the petitioner No.1 appearing in person and defending the case of all the petitioners raised the following points :