GHANASHYAM MEHER Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) Plaintiff no.2 is the appellant against a confirming judgment.

(2.) The case of the plaintiffs is that their house situate at the Basti site of village Remanda. The village came under the purview of consolidation operation. Pursuant to the notification issued under Sec.3 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act (hereinafter referred to as 'OCH & PFL Act'), the land register of the village has been prepared under the said Act without showing the fractions of the Basti plot over which the villagers have got their respective house, trees, wells, etc. Being affected by the non-preparation of a detailed land register in respect of their houses standing in the Basti site over H.S. Plot No.3851 corresponding to consolidation plot no.5522, they instituted T.S. No.106/147 of 1977-80 in the court of the learned Munsif, Bargarh. The suit was abated. The land register published under Sec.9 of the OCH & PFL Act is incomplete and irregular. The Consolidation authorities have prepared the land register violating the mandatory provisions of the OCH & PFL Act. With this factual scenario, they filed the suit seeking for declaration that the entire land register of village Remanda is incomplete and illegal and also for restraining the defendants from proceeding with the consolidation operation till publication of a correct land register in accordance with law.

(3.) Pursuant to issuance of summons, the defendants entered appearance and filed written statement denying the assertions made in the plaint. The case of the defendants is that the entire Basti site of village Remanda belongs to the State Government and the same has been shown in the village map along with the bifurcating lanes. The plaintiffs having failed to raise any objection under the provisions of the OCH & PFL Act in proper forum, the suit is not maintainable.