STATE OF ORISSA & OTHERS Vs. BADUKALA DILESU

JUDGEMENT

(1.) This is a defendants appeal against confirming judgment.

(2.) The plaintiff-respondent instituted the suit for declaration that the provision under Sec. 8-A of the Orissa Prevention of Land Encroachment Act (in short "the OPLE Act") is not applicable to the OPLE Case No.18 of 1978, which was disposed of by the SDO on dated 29.6.1978, for a direction to the SDO not to submit the case records to the RDC and to issue patta in his favour in compliance with the direction dated 29.6.1978 of the SDO in L.A Appeal No.80 of 1977. Case of the plaintiff was that the suit land was originally a tank. The same was encroached by different persons and converted to paddy field. The ancestor of the plaintiff was in possession of an area of Ac.0.95 dec. since 70 to 80 years. The father of the plaintiff was in possession of the suit land. After his death, the plaintiff and his mother succeeded to the same. The Tahasildar, Berhampur initiated encroachment case against his mother. His mother filed objection. The Revenue Inspector, Berhampur permitted his mother to cultivate Ac.1.50 dec. She could not cultivate the entire land. She was in occupation of Ac.0.95 dec. The village officer used to maintain Adangal each year noting down respective cultivators of the land. Pursuant to endorsement in the Adangal, the SDO issued the order of assignment of the suit land in favour of his mother. The Tahasildar, Berhampur initiated Encroachment Case No.18 of 1973 against his mother. His mother was dead. He succeeded to the property. He appeared in the said case and prayed, inter alia, for a declaration of his title by way of adverse possession. Encroachment case was dropped. Against the said order, he filed LEA No.80 of 1977. The appeal was allowed on 29.6.1978 with a direction that the suit land be recorded in the name of the plaintiff. He filed Mutation Case No.6539 of 1978 before the Tahasildar to mutation his name. While the matter stood thus, in the year 1982 the provision under Sec. 13(1) of the OPLE Act was deleted and Sec. 8-A was introduced. The SDO, Berhampur issued notice to the plaintiff to produce documents in support of his claim of adverse possession. When the SDO moved RDC under Sec. 12(3) of the OPLE Act to review the order dated 29.6.1978, the suit has been filed.

(3.) The defendants filed a written statement denying the assertions made in the plaint. Case of the defendants was that for illegal and unauthorised occupation of the land, the proceeding under the OPLE Act was initiated. Notice to show cause was issued. The plaintiff appeared and stated that his mother obtained permanent lease of the suit land on 31.11.1943. Thereafter, the Tahasildar dropped the encroachment case. Against the said order, the plaintiff preferred LEA Case No.80 of 1977 before the SDO, Berhampur. The SDO passed an order to record the land in the name of the plaintiff. The plaintiff filed a petition to record the land in his name but the land could not be recorded as the classification of the land was not changed by the competent authority in favour of the plaintiff as per Sec. 8-A of the OPLE Act.