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1994 Supreme(SC) 141

B.L.HANSARIA, K.RAMASWAMY
State Of Orissa – Appellant
Versus
Brundaban Sharma – Respondent


(1) SPECIAL leave granted.

(2) SINCE common questions of law and facts arise for decision in the cases, they are disposed of together. Ekatali village in Jharsuguda District in orissa State was part of the erstwhile Sambalpur District. To lay the road from Jharsuguda to Belpahar a notification was published on 25/9/1962 under Section 4(1 of the Land Acquisition Act excluding 4.19 acres in Plot No. 121, Khata No. 93 of the said village as that the land belongs to the government. When the road was being laid. Respondent I, hereinafter the respondent, had objected to and represented on 7/4/1982 to the government that he is a tenant in that land having a patta from Gokulanand Lambardar Gountia on 12/10/1944 and ever since he had been in its possession and enjoyment. The Additional District Magistrate in his letter dated 6/10/1982 sent his report and the Board of Revenue issued a notice to the respondent in O.E.A. Revision Case No. 37 of 1989 to show cause for cancellation of patta granted to him by the Tehsildar. After considering his objections and giving an opportunity of hearing, by order dated 2/12/1992, set aside the patta granted to the respondent as a tenant by Go

























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