BHABAGRAHI Vs. TRILOCHAN

JUDGEMENT

(1.) The moot question that arises for consideration in this writ application referred to be Full Bench is as to whether an order passed under Section 9(1) read with Section 9(1-A) of the Orissa Land Reforms Act, 1960 (for short 'the Act') falls within the ambit of Section 12(2) of the Act and therefore, appealable under Section 58 thereof.

(2.) Opposite parties 1 and 2 had filed an application under Section 9 before the Revenue Officer, Bhadrak, for declaration of their raiyat rights in respect of a piece of homestead land measuring 3 decimals in plot No. 82/100 and 11 decimals in plot No. 81/99 under Khata No. 8/123 of village Narajpur. The basis of the claim laid by the opposite parties was that their father had been inducted as a tenant by the owner in respect of the land in question with a house standing thereon and that after the death of their father they also were inducted as tenants. They further claimed that they were in continuous possession of the said land and the house is being used by them for their residential purpose all through.

(3.) The case of the petitioner, on the other hand was that he had intermediary interest in the land in question. The same, therefore, stood automatically settled in his favour under the provisions of the Orissa Estates Abolition Act after the vesting and it was the petitioner who had inducted the opposite parties into the house in question as they were involved in some litigation with respect to their ancestral house situated in the same village, thus ousting the applicability of the provisions of Section 9 of the Act.