O.J.C. No. 1288 of 1998. Case: Trinath Naik (Ganda) Vs Commissioner, Land Reforms and Settlement and Ors.. High Court of Orissa (India)
| Case Number | O.J.C. No. 1288 of 1998 |
| Judges | M.M. Das, J. |
| Issue | Orissa Survey and Settlement Act - Section 3(1), 4 and 15; Orissa Estates Abolition Act; Chowkidari under the Orissa offices of Village Police (Abolition) Act, 1964; Constitution of India - Article 226 |
| Citation | 111 (2011) CLT 240 |
| Judgement Date | July 23, 2010 |
| Court | High Court of Orissa (India) |
Judgment:
M.M. Das, J.
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The Petitioner has prayed for issuance of writ of certiorari quashing the Order Dated 10.10.1996 under Annexure-4 passed by the Commissioner, land Reforms & Settlement, Orissa, Cuttack - Opp. Party No. 1 in Revision Case No. 303 of 1993. The said revision was filed by the Opp. Party No. 2 & the original Opp. Party No. 3 for collection of the finally published record of rights in the Hall settlement Under Section 15 of the Orissa Survey & Settlement Act, wherein the disputed properties measuring Ac. 8.36 decimals were recorded solely in the name of the Petitioner. It is the admitted case of the parties that the disputed properties were original recorded in the name of their common ancestor - Rahash Ganda, who was performing the duties of a Chowkidar of the village & the disputed land was a Chowkidar Jagir land which was being enjoyed by said Rahash Ganda. The Petitioner's case is that Baikuntha Ganda, the father of the Petitioner, was performing the duties of Chowkidar of the village & the land in question was being enjoyed by him as Jagir land after the death of Rahash, who was the father of Baikuntha Ganda. Upon the demise of Baikuntha, the present Petitioner claims to be enjoying the Jagir land in lieu of his service as Chowkidar & after abolition of the Chowkidari, the disputed lands were settled in favour of the Petitioner in Misc. Case No. 64 of 1964 by the order of the Collector dated 4.6.1965. Upon commencement of the hal settlement operation, the settlement authorities after enquiry prepared the final record of rights exclusively in the name of the Petitioner in the year 1989. According to the Petitioner, at a belated stage, i.e., after four years, the Opp. Party No. 2 & the original Opp. Party No. 3 (who has been substituted during the pendency of the Writ Petition by his legal heirs, who are Opp. Parties 3(i) to 3(iv) filed the Revision Case No. 303 of 1993 before the Opp. Party No. 1 - Commissioner, for correction of the finally published record of right & the Commissioner relying upon the special report called for from the Tahasildar, allowed the said revision directing recording of the name of the Opp. Party No. 2 & The original Opp. Party No. 3 jointly along with the Petitioner in respect of the disputed properties. It has been further contended on behalf of the Petitioner that the Commissioner has relied upon the Order Dated 4.3.1968 passed by the Additional Tahasildar, Boudh in Chowkidari Case...
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