SHYAM SUNDAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner -Shyam Sundar Sahoo having died during pendency of the writ petition is now represented by his legal heirs, petitioner Nos. 1/a to 1/h. However, for the purpose of convenience, I shall refer him as petitioner in the course of this judgment.

(2.) THIS writ petition is directed against the order dated 15.12.1990 passed by the Commissioner of Land Records and Settlement, Orissa, under Section 32 of the Orissa Survey and Settlement Act, 1958 ('the Act' hereinafter) in R.P. No. 421 of 1990, vide Annexure -4 in which the order dated 14.8.1990 passed by the Settlement Officer, Cuttack, in Suo Motu Appeal Case No. 49 of 1990, vide Annexure -2, was set aside and the suit property was directed to be recorded in favour of Corn Processing and Co., O.P. No. 2 herein.

(3.) LEARNED Counsel for the petitioner submitted that the Registered Partition Deed dated 12.4.1957 had not been given effect to or acted upon and there was unity of title and possession between the two branches. The concept of re -union after partition is permissible under the law. The sale deed dated 19.4.1965 executed by Banchhanidhi in favour of Corn Processing Co. was a nominal one, which had never been acted upon and there was no delivery of possession and the property remained in possession of the family members of the petitioner all through. In the initial records of settlement, there was forcible note of possession in favour of Batakrushna Sahoo, the common ancestor of the petitioner. In Suo Motu Appeal Case No. 49/1990, the Settlement Officer came to a categorical finding that no documentary material had been pressed into service to establish conversion/merger of Corn Processing Co. into Jwala Roller Flour Mills Pvt. Ltd. R.P. Case No. 421/1990 was filed by Corn Processing and Co. @ Jwala Roller Flour Mills Pvt. Ltd. represented through its Managing Director Kashi Prasad Sikaria is misconceived Inasmuch as a partnership firm and a private limited company are two separate legal entities and cannot be clubbed together as a single legal entity. In Vesting Case No. 4127/1963 -64 filed under Sections 6, 7 and 8(3) of the Orissa Estates Abolition Act, 1951 vide Annexure -1, the suit C.S. plot No. 3156 measuring an area of Ac.2.505 has been assessed to rent in favour of Banchhanidhi, Batakrushna and one Bhima, son of Hadibandhu, by the order dated 3.8.1964 passed by the O.E.A. Collector. Such settlement by the O.E.A. Collector lends corroboration to the case of the petitioner that the partition deed dated 12.4.1957 had not been acted upon.