W.P. (C) No. 31914 of 2011. Case: Banamali Panda Vs Commissioner, Land Records and Settlement and Another. High Court of Orissa (India)
| Case Number | W.P. (C) No. 31914 of 2011 |
| Counsel | For Appellant: Prabodh Kumar Patnaik, S.N. Senapati, A.K. Dwivedy, M.R. Sarangi, S.K. Patnaik, M.K. Mishra and G.M. Rath, Advs. and For Respondents: Addl. Government Advocate, N.P. Parija, S.K. Rout and A.K. Mohanty, Advs. |
| Judges | M. M. Das, J. |
| Issue | Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 - Sections 36, 4; Orissa Estates Abolition Act, 1951 - Sections 38(B), 6, 7 |
| Judgement Date | July 24, 2013 |
| Court | High Court of Orissa (India) |
Judgment:
M. M. Das, J.
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The petitioner in the present writ petition has sought for quashing the orders passed by the Commissioner, Land Records and Settlement, Odisha in R.C. No. 181 of 2004 by which the Commissioner confirmed the order dated 18.12.2000 passed in Appeal Case No. 45 of 2000 by the Deputy Director, Consolidation, Jajpur dismissing the revision. From the facts of the case, it is revealed that Nidhi Panda the ancestor of the petitioner was the owner in possession of a total area of Ac. 0.30 decimals of land including land appertaining to Plot No. 308/1138, area Ac. 0.03 decimals, plot No. 306, area Ac. 0.01 decimal and plot No. 309, area Ac. 0.01 decimal, which are homestead lands under Khata No. 338 of village Sudhagobinda, as per the maintenance Record of Right published in the year 1910-1911. The petitioner claims that he has succeeded to the said property and possesses the said land totalling to Ac. 0.30 decimals till date. In the Sabik Settlement R.O.R. published in the year 1928, the said area measuring Ac. 0.30 decimals was reduced to Ac. 0.26 decimals corresponding to sabik Plot No. 515, area Ac. 0.13 decimals and Plot No. 506, area Ac. 0.13 decimals under sabik Khata No. 249, which was recorded in the name of the father of the petitioner. The petitioner claims to be possessing Ac. 0.30 decimals existing in the field.
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Since the status of the land was 'Bahel' in nature, after operation of the Orissa Estates Abolition Act, the petitioner made an application under Sections 6 and 7 of the said Act before the O.E.A. Collector, Jajpur registered as O.E.A. Case No. 22782 of 1963. The O.E.A. Collector in the said case, however, settled Ac. 0.26 decimals of land in the name of the petitioner. For the rest of Ac. 0.04 decimals of land, the petitioner made a further application for settlement of the same in his name before the O.E.A. Collector, but the O.E.A. Collector rejected the prayer for which the petitioner moved the Member, Board of Revenue under Section 38(B) of the O.E.A. Act to record the rest Ac. 0.04 decimals of land in his favour in O.E.A. Revision Case No. 67 of 1987. The Member, Board of Revenue after hearing, rejected the prayer of the petitioner. Being aggrieved, the petitioner preferred O.J.C. No. 135 of 1987 before this Court which was disposed of by order dated 28.7.1987 remitting the matter back to the Member, Board of Revenue with a direction to rehear the petitioner under Section 38(B) of the O.E.A...
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