ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
State of Orissa – Appellant
Versus
Harapriya Bisoi – Respondent
Judgment :
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in these appeals is to the order passed by a Division Bench of the Orissa High Court allowing the writ petition filed by the respondent in Writ Petition (C) No.8282/2004 dated 27.10.2005 and the order dated 10.1.2007 passed in the Review Petition No.13/2006 arising out of said writ petition.
2. The background facts as highlighted by the appellants are as follows:
The dispute relates to an alleged lease of 53.95 acres of land executed by Hatapatta dated 25.1.1933 by erstwhile intermediaries i.e. Chakradhar Mohapatra and Ramakrushna Mohapatra in favour of one Kamala Devi. The respondent Harapriya Bishoi claimed to be the successor in interest of Kamala Devi. Undisputedly, the alleged Hatapatta is an unregistered document. The land is presently situated in the capital city of Bhubaneswar in the State of Orissa. The purported Hatapatta described the land as being for permanent cultivation but as per records or rights published in 1930-31 the land is classified as "uncultivable" within Anabadi Land. The land is further described as Jhudi jungle i.e. bushy forest. The estate of intermediaries Chakradhar Mohapatra and Ramak
State of Orissa v. Brundaban Sharma (1995 Supp (3) SCC 249).
Kumar Bimal Chandra Sinha V. State of Orissa
Sri Sita Maharani v. Chhedi Mahto (AIR 1955 SC 328).
Shrisht Dhawan (Smt.) v. M/s. Shaw Brothers (1992 (1) SCC 534).
Gowrishankar v. Joshi Amba Shankar Family Trust (1996 (3) SCC 310).
Ram Preeti Yadav v. U.P. Board of High School and Intermediate Education (2003 (8) SCC 311).
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