GIRIDHARI RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner assails the order of the Tahasildar, Kendrapara, in Touzi Misc.Case No. 255 of 1986, annexed as Annexure -12, recording the disputed land in the name of opp. party No. 4 measuring Ac. 1. 17 decimals under plot Nos. 1947, 1948 and 1946 of Khata No. 282 in mouze Gulasing in the district of Kendrapara, as illegal and arbitrary.

(2.) THE admitted case of the parties is that the land was endowed in 1931 in favour of the religious institution, namely, Samadhi Matha Mahant Biswakeshan Hamanuja Das of Puri. The land being an intermediary interest vested on 18 -3 -1974 under the Orissa Estates Abolition Act, 1951 (hereinafter referred to as the 'Act'). It is the case of the petitioner that the said Mahant executed a 'Chirasthai Patta' in the Sal' 1352 in favour of one Krushna Chandra Patra and delivered possession. The latter in his turn sold the land to the petitioner by registered sale deed dated 7 -9 -1963 and also delivered possession. The petitioner got himself mutated in the revenue records and paid rent under Annexure -10. On vesting of the land with the Government by notification dated 18 -3 -1974, the Mahant submitted Ekpadia in his name and consequently, the petitioner's name was entered in the tenancy ledger and thereafter the petitioner continued to pay rent. It is his further case that in major Settlement, 1965, during the Khanapuri operation under Yaddast No. 352, his possession was noted. When the Consolidation operation started in that area, the land register was prepared in the name of the petitioner with the three plots converted to a single plot bearing No. 2214, but the area was reduced to Ac. 1.10 decimals and accordingly, the Consolidation Officer by his order dated 28 -11 -1980 directed for recording the name of the petitioner in respect of that reduced area and the remaining area of Ac. 0.07 decimals of land was recorded as 'road'. But the revenue authorities, for reasons best known to them, did not accept rent from the petitioner for which the petitioner filed Misc. Case No. 344 of 1993 under Annexure -6, purported to be one under Sections. 6 and 7 of the Act. After observing all formalities with regard to publication of notice and report of the R.I. et cetera, the Tahasildar by his order dated 9 -2 -1994 assessed rent for the land and submitted the record to me S. D. O. for confirmation. the petitioner also paid rent up to 1994 -95 under Annexure -11 series. It is his further case that on 1 -11 -1992, ten petitioner came to know that the land had been recorded in the name of opp. party No. 4 in Tauzi Misc. Case No. 255 of 1986 in the Court, of the Additional Tahasildar, Kendrapara, vide Annexure 12. After knowing this the petitioner filed Reveneue Misc. Case No 2 of 1992 in the Court of the Sub -Collector, Kendrapara, challenging the order dated 9 -2 -1987. The said Misc. Case was allowed by the Sub Collector and the said order of the Additional Tahasilder was set aside. This order of the Sub -Collector was challenged by opp, party No. 4 before this Court in 0. J. C. No. 947 of 1994. This Court while allowing the writ application by order dated 19 -12 -1994 held that the Sub -Collector had no jurisdiction to annul the order of the Additional Tahasildar. Since by virtue or the order of this Court, the order of the Additional Tahasildar in Annexure -12 still remained in force, the petitioner has challenged the same in this writ petition stating that the order is illegal having not been passed under any of the provisions of the Act and further that the order was without any supporting material.

(3.) THE Tahasildar (opposite party No. 2) has filed a counter which is in no way helpful in disposing of this writ petition since the facts stated in the writ petition, as already mentioned above, have not been controverted and so much so there is no mention of the impugned order dated 9 -2 -1987 of the Additional Tahasildar.