NIKUNJA KISHORE RAJGURU Vs. NITYANANDA BARIK

JUDGEMENT

(1.) Order dated 27.9.2007(Annexure-3) passed by the Collector, Jagatsinghpur in Consolidation Misc. Case No.2 of 2007 rejecting an application filed by the present petitioners under Section 34 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short "The Act") is under challenge in this writ application.

(2.) Learned counsel for the petitioners submits that the petitioners are the owners of Chaka Nos.27 and 29 which are contiguous to Chaka No.28 to an extent of Ac.0.97 dec., mouza Lathanga in the district of Jagatsinghpur (for short 'the case land'). It is his contention that the owner of Chaka No.28 (opp. Party no.6) namely, Radhanath Rajguru sold the entire Chaka to opp. Party nos. 1 to 5 by virtue of Regd. Sale Deed dated 7.7.2007. Such a sale is hit by Section 34 (2) of the Act and is void ab initio for the reason that a fragment has been sold to a stranger, not contiguous chaka owner, namely, the petitioners. Secondly, no permission from the concerned Consolidation Officer was taken prior to such sale.

(3.) In support of his contention he relied upon a case law of this Court in the case of Smt. Binapani Sethi and another v. Sr. Bijay Kumar Sahoo and others , 1997 2 OrissaLR 399, wherein it is held as follows: