GAJA NAGA Vs. JOINT COMMISSIONER OF CONSOLIDATION

JUDGEMENT

(1.) This writ application involves a challenge to the order at Annexure-3 passed by the Joint Commissioner of Consolidation, Sambalpur involving C.R. Case No.314/88.

(2.) Assailing the impugned order, Sri Panigrahi, learned counsel for the petitioners raised a preliminary objection to the impugned order on the premises that once a preliminary decree is there involving a partition suit pending for final decree, in the event of commencement of consolidation proceeding in the locality, such preliminary decree shall stand abated. It is in this context, a further question is also raised as to whether in presence of a preliminary decree already observing the agricultural land to be partitioned by the Consolidation Authority and the Civil Court Commissioner partition the house site, it is still open to the Consolidation Authority to declare such preliminary decree bad and proceed with the consolidation proceeding to decide the title and interest of the party involved therein ? Taking this Court to the development taking place through the suit ending with rejection of an application under Order 9 Rule 13 of C.P.C. to set aside the ex parte order landing in finality of preliminary decree, Sri Panigrahi, learned counsel for the petitioners contended that for the civil suit attaining finality pending in final decree consolidation process undertaken in the locality cannot abate such preliminary decree.

(3.) Sri Routray, learned counsel for the contesting O.P.4, on the other hand, taking this Court to the observations of the Consolidation Authority holding that such decree being contrary to the Full Bench decision of this Court reported in 1980 C.L.T. 337 and for the observation of the revisional authority contended that there is no dispute that the decree, if any, shall stand abated on coming into force of the consolidation operation in the locality.