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1989 Supreme(Ori) 71

HARI LAL AGRAWAL, P.C.MISRA
ALEKH CHANDRA RATH – Appellant
Versus
COMMISSIONER OF LAND RECORDS AND SETTLEMENT, ORISSA – Respondent


Advocates Appeared:
ASHOK MISRA, B.L.N.SWAMY, JANARDAN RATH, K.C.PARIJA, P.K.MISHRA, R.K.MOHAPATRA, U.N.MISHRA

P. C. MISRA, J.

( 1 ) THE petitioners in this writ application have prayed for quashing the order of the Commissioner of Land Records and Settlement, Orissa, Cuttack in Revision Case No. 3098/77 and also the order passed by the same authority in Misc. Case No. 11/79 annexed to the writ application as Annexures-9 and 15 respectively. The property in dispute measures Ac. 3. 16 decimals in Hal Settlement Khata No. 1076, comprising Hal Plot No. 4735/5164 measuring Ac. 1. 00 and Hal Plot No. 4735/ 5174 measuring Ac. 2. 16 decimals. According to the petitioners, the said property corresponds to Sabik Plot No. 4047 under Sabik Khata No. 918/14.

( 2 ) THE record of rights of the Major Settlement which was finally published some time in the year 1975 recorded Hal Plot No. 4735/5174 measuring Ac. 2. 16 decimals under Hal Khata No. 1076 in the name of the Government under Anabadi Khata. In the remarks column of the said record of rights, unauthorised possession of present opp. party No. 2 Batakrishna Pani, was recorded. He (present O. P. No. 2) filed a revision before the Commissioner of Land Records and Settlement, Orissa, Cuttack registered as R. P. Case No. 3096/77 praying for correction








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