JAYADEV PANDA @ TRIPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Order Dated 22nd March, 2006 passed by the Joint Commissioner, Consolidation, Cuttack in Consolidation Revision No. 512 of 2004 (Annexure -5) is assailed in this Writ Petition.

(2.) THE said revision was filed by the present Petitioner invoking jurisdiction of the Commissioner under Section 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, hereinafter to be called as 'the Act', in short. The Petitioner claimed to record his name in respect of the suit land appertaining to Sabik Plot Nos. 313, 314, 315, 316 and 317 of Khata No. 287 of 1977 settlement of mouza Sabalkana, P.S. Mahanga. According to the Petitioner, he had purchased the said lands by registered deed No. 1223 dated 10th March, 1966 from one Upendra.

(3.) THE Petitioner assails the said order on various grounds. It is stated that on the basis of his purchase by registered sale deed, the Petitioner had acquired valid right, title and interest and a share over the property and as the consolidation authorities had no jurisdiction to set aside a sale deed, were bound to record the lands in his favour along with others. These submissions are strongly repudiated by the contesting Opposite Parties. It is stated that the Petitioner had absolutely no interest in the property as the sale deed executed in his favour was ab initio void. According to the Opposite Parties, the consolidation authorities have no power to set aside the sale deed, if the same is voidable, but then they have the power to ignore the sale deed if the same is found to be ab initio void.