BANKABIHARI SAHOO Vs. COLLECTOR AND DISTRICT MAGISTRATE, BHADRAK

JUDGEMENT

(1.) This petition seeks to lacinate the order dated 28.7.2017 passed by the Collector, Bhadrak, opposite party no.1, in Misc. Case No.08/2016 under Secs.34 and 35 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 ("OCH & PFL Act"), whereby the opposite party no.1 directed the Tahasildar, Basudevpur, opposite party no.2, to evict the petitioners from the disputed land and restore the same to the opposite party nos.3 to 8.

(2.) Bereft of unnecessary details the short facts of the case of the petitioners are that one Khetramani Behera was the recorded owner of Consolidation Khata No.24, Chaka No.8, Chaka Plot No.360, area Ac.0.38 dec. of village Radhaballavpur. He alienated Ac.0.20 dec. of land out of Ac.0.38 dec. in favour of Narayan Sahu and Krupasindhu Sahu, predecessor-in-interest of the petitioners by means of a registered sale deed no.2026 dated 20.07.1988. The land was mutated in favour of the vendees. While the matter stood thus, the legal representatives of Khetramani, opposite party nos.3 to 8 filed an application under Sec.34 read with Sec.35 of the OCH and PFL Act before the Collector, Bhadrak for restoration of possession stating that no permission was accorded by the competent authority for alienation of chaka. The petitioners, who are opposite parties in the proceeding, filed objection stating that they are the bonafide purchaser for value. The land was mutated in their favour. The village Radhaballavpur was included in Basudevpur NAC w.e.f.18.12.1999. In view of the embargo contained in sub-sec.(5) of Sec.34 of the OCH and PFL Act, the proceeding is misconceived. The Collector, Bhadrak held that the village Radhaballavpur was included in Basudevpur NAC w.e.f.18.12.1999. The registered sale deed was executed on 20.07.1988 in respect of part of the chaka in contravention of Secs.34 and 35 of the OCH and PFL Act inasmuch as no permission was accorded by the authority. Held so, it allowed the application and directed the Tahasildar, Basudevpur, opposite party no.2, to evict the petitioners and restore the land to the opposite party nos.3 to 8.

(3.) Heard Mr. Somadarsan Mohanty, learned Advocate for the petitioners and Mr. Swayambhu Mishra, learned A.S.C. for the State-opposite party nos.1 and 2.