W.P. (C) No. 18743 of 2012. Case: Rama Devi Vs Government of Orissa. High Court of Orissa (India)
Case Number | W.P. (C) No. 18743 of 2012 |
Counsel | For Appellant: P.K. Singh, K.K. Mohapatra and P.P.K. Pandit, Advs. and For Respondents: Addl. Government Advocate |
Judges | M. M. Das, J. |
Issue | Orissa Estates Abolition Act, 1951 - Sections 32, 6, 7, 8 |
Judgement Date | January 20, 2014 |
Court | High Court of Orissa (India) |
Judgment:
M. M. Das, J.
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This writ application has been filed impugning the order dated 17.09.2012 passed by the Member, Board of Revenue-opposite party No. 2 in OSS Case No. 1216 of 2009.
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The petitioners have sought for quashing the said order mainly on the ground that the settlement authorities, under the Orissa Survey and Settlement Act, 1958 (hereinafter referred to as 'the Act') have no jurisdiction or power to either ignore or pass orders contrary to an order passed on an application under Sections 6 and 7 of the Orissa Estate Abolition Act, 1951 (hereinafter referred to as 'the OEA Act').
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The facts leading to filing of the present writ application as stated by the petitioners is that the petitioners are the successors of Choudhury Keshab Chandra Mohapatra, Ex-intermediary, who as in possession of the land in Mouza-Gadakana under Khata No. 918 measuring an area of Ac. 18.64. After the intermediary estate was abolished under the OEA Act, the said property vested with the State under the said Act. Upon such vesting, the predecessor-in-interest of the petitioners, who as the Ex-intermediary over the' aforesaid land, filed an application under Sections 6 and 7 of the OEA Act, which was registered as OEA Case No. 13/61-62. The said OEA Case was disposed of by the OEA Collector on 11.03.1962 with the following order:
Originally the lands was applied for Choudhury Keshab Chandra Mohapatra, Malati Bewa, Raghunath Mohapatra. Subsequently, Malati Bewa, Raghunath waived their interest in favour of Kesab Mohapatra. Naib Tahasildar reports that Keshab Mohapatra is in possession of the land. Notice inviting public objection will duly served. No objection petition is received. The lands are ordered - to be settled in name Choudhury Keshab Chandra Mohapatra as follows:
Mouza - Pandara, Khata 167, A-14-88, Mouza-Gadakana, Khata 918, A-18-64 Khata 918/2, A 21.00
The prevailing rate of rent of the lands reported by the concerned N. Tahasildar in the vicinity of so classification is Rs. 175 NP per. acre for khata No. 918 and 918/2, Rs. 1.56 N.P. per acre for Khata No. 167. I accept this to be fair and equitable rent and the lands be assessed accordingly. Realize rent from date of vesting per acre rent roll accordingly. Inform the NT. after appeal period is over.
Sd/- illegible
Collector, u/s. 6 & 7 of the
O.E.A. Act.Thus the land was settled with the predecessors-in-interest of the petitioners. Accordingly, the ROR was issued in their favour...
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