R.N.MISRA, N.K.DAS
NIRANJAN RAY – Appellant
Versus
JOGENDRA BEHERA – Respondent
R. N. MISRA, J.
( 1 ) CHALLENGE in this application under Article 226 of the Constitution is to the order of the Consolidation Officer and the appellate and the revisional orders of the Deputy Director, Consolidation and the Consolidation Commissioner respectively.
( 2 ) PETITIONER was admittedly the recorded Sthitiban tenant of 54 decimals of land covered by plots Nos. 21 and 22 under Hal Khata No. 42 of village Dubulia in Basta area of Balasore district under Deity Dadhibaman Jew recorded with madhvasatwadhikari status. According to the petitioner when the estate vested, rent-roll was given in the name of the petitioner and rent was received from the petitioner by the Revenue Officers until 1978. The tenure holders did not apply under Chapter-II of the Orissa Estates Abolition Act being aware of the position that petitioner was in possession of the property with occupancy right. As the lands were located at a distance petitioner had entrusted cultivation thereof to opposite parties 1 to 10 who are god-relations on condition that the expenses would be met by him, a part of the produce would be appropriated by the cultivating opposite parties 1 to 10 and the remainder would be pa
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