BIJAY KETAN BRAHMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The prayer made in this writ application is to quash Order Dated 7th December, 1983 passed by the Deputy Director, Consolidation in Appeal Case No. 49 of 1983 (Annexure -4) as well as the order passed by the Commissioner, Consolidation and Settlement dated 12th January, 1996 passed in Consolidation Revision No. KR - 89/93 (Annexure -5). The Deputy Director in his order (Annexure -4) had directed to record the disputed pond under 'Sarbasadharana Khata'. The said order was confirmed by the Commissioner, Consolidation in Annexure -5.

(2.) THE dispute is in relation to a tank commonly known as 'Dopati Pokhari' appertaining to Sabik Plot No. 2721 in Sabik Khata No. 50 having an area of Ac.0.54 dec. corresponding to Hal Plot No. 3702 with an area of Ac.0.47 dec. situated in village Garedipanchan and was classified as 'Jalasaya -II'. ,

(3.) BEING aggrieved by such order, the villagers filed an appeal under Section 12 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, hereinafter to be referred to as 'Consolidation Act', before the Deputy Director of Consolidation. The Deputy Director after vivid discussion of the materials available came to the conclusion that no permission having been obtained by the Marfatdar (Trustee ) from the Commissioner of Endowments before executing registered tease deed in favour of the fattier of the Petitioners, the said deed is ab initio void and did not confer any tenancy right upon the Petitioners. On the basis of such conclusion, he directed that the tank should be recorded in Rakhit Anabadi Khata, so that the villagers would be benefited.