GANESH CHANDRA SAMANTRAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) Both the writ petitions involve challenge to the orders passed by the Revenue Divisional Commissioner, Southern Division, Berhampur in Revision Case Nos.28, 29, 30, 31 and 32 of 2001 in exercise of power under Section 15 of the Orissa Survey and Settlement Act, 1958 (herein after called as "the OSS Act") but however, W.P.(C) No.5586 of 2003 is confined to Revision Case No.32 of 2001, whereas W.P.(C) No.2552 of 2004 is confined to Revision Case Nos.28, 29, 30, 31 and 32 of 2001. It appears, W.P.(C) No.5586 of 2003 is a repetition of challenge to Revision Case No.32 of 2001 but independently.

(2.) Facts involving the case disclose that the suit plots involved herein were leased out by the Assistant Settlement Officer during the attestation stage claimed to be in exercise of power conferred upon him, vide Government Letter No.17633/R dated 3.4.1962 to them on payment of requisite Salami. As a consequence, it is claimed that the lands involved here were recorded in their names in rayati status. The petitioners' claim that there was no appeal against the lease granted in their favour by the competent authority, but however at a subsequent stage, objection case being filed by the Tahasildar, Kandhamal, order was passed in the objection case cancelling the rayati khata prepared in the names of the petitioners and thereby directing to record the suit plots in Government Anabadi Khata reserving them for developmental purpose. Being aggrieved by such order involving Objection Case No.1277 of 1975, the objectors therein filed Appeal Case Nos.95, 96, 97, 98 and 99 of 1975 on the file of Settlement Officer, Boudh- Kandhamal at Phulbani. These Appeals appear to have been finally adjudicated, vide common order dated 19.7.1977 appearing at Annexure-11 to W.P.(C) No.2552 of 2004 and Annexure-5 to W.P.(C) No.5586 of 2003 thereby the Appellate Authority while allowing the appeals, directed the suit plots to be recorded in the name of the respective appellants with rayati status as recorded during attestation stage with the classification as already noted and rent was to be calculated as prescribed for such classes of land. Further fact reveals that pursuant to the direction of the appellate authority, the Assistant Settlement Officer, vide his order dated 28.6.1980 directed to publish the final Record of Rights in favour of the land owners, parties to the Objection Cases as well as the Appeal Cases on rayati status as appearing at Annexure-3 to W.P.(C) No.5586 of 2004. While the matter stood thus, in the year 2001 the Collector, Kandhamal filed Revision Case Nos.28, 29, 30, 31 and 32 of 2001 in exercise of power under Section 15 of the OSS Act appearing to be as against the order dated 19.7.1977 passed by the Settlement Officer, Boudh, vide Annexure-11 to W.P.(C) No.2552 of 2004 and Annexure-5 to W.P.(C) No.5586 of 2003, disposal of which vide Annexures-13 and 6 respectively giving rise to filing of the present writ petitions.

(3.) For the commonness involving both the writ petitions, a common hearing involving all the Counsel, such as Sri S.D.Das, learned senior counsel and Sri B.Routray, learned senior counsel for the petitioners and common argument also advanced on behalf of the State through Sri S.N.Mishra, learned Additional Government Advocate was entertained and both the matters are decided by this Common judgment.