O.J.C. No. 12134 of 1998. Case: Bhramarabara Nayak and Ors. Vs Tahasildar and Ors.. High Court of Orissa (India)
| Case Number | O.J.C. No. 12134 of 1998 |
| Counsel | For Appellant: A.C. Sarangi, Ashok Kumar Sarangi, K. Panda and Narayan Das, Advs. and For Respondents: Addl. Govt. Adv., Sankarsan Rath, Bidyadhar Pradhan, O.P. Mohanty, S. Pradhan, and D. Mishra, Advs. for (Intervenor) |
| Judges | A.S. Naidu, J. |
| Issue | Orissa Estates Abolition Act, 1952 - Section 8(1); Orissa Survey and Settlement Act, 1958 - Section 32 |
| Citation | 2007 (2) OLR 1097 |
| Judgement Date | September 12, 2007 |
| Court | High Court of Orissa (India) |
Judgment:
A.S. Naidu, J.
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Six Petitioners have filed this writ petition with a prayer to quash Annexure-4 the order dated 1.7.1996 passed by the Commissioner, Land Records and Settlement, Orissa, Cuttack, in R.P. Case No. 1594 of 1994, confirming the order dated 28th October 1993, Annexure-3, passed by the Settlement Officer, Puri, in A.C. Suit No. 2188 of 1983 and dismissing the revision.
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In course of argument of the writ petition, a petition was filed by Petitioner Nos. 2 and 6 praying to delete their names from the cause title as they wanted to withdraw their claim asserted in the writ petition. Consequently, by order dated 20th November, 2006 the names of Petitioner Nos. 2 and 6 were deleted.
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The lands in dispute were the part and parcel of ex-intermediary estate of Choudhury family of Nimapara. According to the Petitioners the ex-intermediary (Zamindar) had inducted one Raghu Nayak as a tenant by executing a "Hata Pata" dated 15th November, 1944. Consequent upon vesting of estate within the State Government under the provisions of Orissa Estates Abolition Act, in the year 1952 all the lands vested with State, free from all encumbrances. After vesting in ex-intermediary submitted 'Zamanbandi' in favour of Raghu Nayak, the lessee. In consonance with the Zamabandi, a Tenancy ledger was opened in favour of Raghu Nayak. The State authorities accepted rent from Raghu Nayak and his tenancy right was protected under Section 8 (1) of the Estates Abolition Act and he was deemed to be a tenant under the State. After death of Raghu Nayak, the Petitioners being his legal heirs and successors were said to have inherited the properties measuring Ac.7.10 decimals corresponding to Sabik Plot No. 1064 (P). While matter stood thus, settlement operations commenced in the mouza where the disputed lands are situated. At the rent objection stage, the Petitioners filed petition claiming title over Hal Plot No. 2109 corresponding the Sabik Plot having an area of Ac. 4.91 decimals. The Asst. Settlement Officer, in his order however, rejected the said petition and recorded the lands in favour of the State Government with a note of illegal possession of the Petitioners. But then, at the instance of the Tahasildar, Nimapara, it is alleged the Settlement officer deleted the note of possession made in favour of the Petitioners. Being aggrieved, the Petitioners approached the Settlement Officer claiming occupation status over the land. The Settlement...
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