Case: Smt. Ambika Dibya Vs State of Orissa and Ors.. High Court of Orissa (India)
| Judges | Sanju Panda, J. |
| Issue | Constitution of India - Articles 226, 227 |
| Citation | 2007 (103) CLT 708, 2007 (1) OLR 723 |
| Judgement Date | April 02, 2007 |
| Court | High Court of Orissa (India) |
Judgment:
Sanju Panda, J.
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In this Writ Petition, Petitioner has challenged the Order dated 11.12.2000 (Annexure-8) passed by the Commissioner Land Records and Settlement, Orissa, Cuttack in R.P Case No. 2641 of 1998 for correction of R.O.R under the Orissa Survey and Settlement Act.
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The dispute relates to Hal consolidation plot No. 938 measuring Ac.2.70 decimals (P) out of Ac.7.40 decimals of Hal consolidation Khata No. 759 corresponding to 1973 Sabik Khata No. 639/1, plot No. 797/2788 P.S. Cuttack Sadar, Dist. Cuttack. Petitioner has filed the revision before the Commissioner, Land Records and Settlement, Orissa, Cuttack, under Section 15(b) of the Orissa Survey and Settlement Act, 1958 against the recording of Hal Plot No. 938, Ac.2.70 Dec. of Mouza Belgachhia.
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The Commissioner perused the report of Consolidation Officer, Sadar Cuttack dated 15.9.2000 and the case records which revealed that the consolidation operation was started in the said area during the year 1983 when the consolidation scheme was de-notified under Section 5(1) of the Act vide Revenue Department Notification No. CH(Legis) 32/83-35616 dated 01.06.1983, and the consolidation authority have finally published the R.O.R. on 19.1.1984 under Section 13(4) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 in the name of the State Government, vide Annexure 7, where the present disputed land was recorded as Rakhit Khata with classification 'Gochar' bearing Khata No. 654. He also found that there was no evidence on record before the consolidation authority to show that the case land had been decided by the Commissioner Land Records and Settlement in Review Case No. 37 of 1978 in favour of the Petitioner which had arisen out of R.P. Case No. 3054 of 1975. The suit land was recorded as 'Nijchas' land of the ex-intermediary with classification 'Palo'. The Petitioner has challenged the consolidation R.O.R Without any materials on record to prove that how...
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