BRUNDABAN PATNAIK Vs. COMMISSIONER LAND RECORD

JUDGEMENT

(1.) HEARD Shri Behuria for the petitioner, Shri K. Patnaik. learned Additional Government Advocate, for opposite parties 1 and 2 and Shri N. Panda for opposite party No. 3.

(2.) THE petitioner has filed this writ application challenging the correctness of the order dated 22.9.1997 of the Commissioner, Land Records and Settlement, Orissa, Cuttack in R.P. Case No. 6774 of 1996 (Annexure -1). By the impugned order the Commissioner has directed the Tahasildar to take up the case under para 17 (1) of the Mutation Manual and verify the sale deed of the petitioner to know his legal entitlements. The Commissioner has observed that the plot in question be remeasured alongwith the suit Hal Plot No. 225 and the records be corrected if found necessary. The Tahasildar has also been further directed to ignore the possession of any excess area, if found, without valid title.

(3.) CONSIDERING the submission of the counsel for parties, we dispose of this writ application with an observation that the Tahasildar while taking up of the case under para 17 (1) of the Mutation Manual, as indicated by the Commissioner, will consider the aforesaid order of the Assistant Settlement Officer and pass order according to law after hearing the parties concerned. It may be stated that we are not expressing any opinion on the merit of the claim of the petitioner. Urgent certified copy of the order, if applied for, may be granted by tomorrow.