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1998 Supreme(Ori) 173

S.C.DATTA, R.K.PATRA
Brundaban Patnaik – Appellant
Versus
Commissioner, Land Record and Settlement – Respondent


ORDER

21.8.1996 — Heard Shri Behuria for the petitioner, Shri K. Patnaik, learned Additional Government Advocate, for opposite parties 1 and 2 and Shri N. Panda for opposite party No. 3.

2. The petitioner has filed this writ application challeng¬ing the correctness of the order dated 22.9.1997 of the Commis¬sioner, Land Records and Settlement, Orissa, Cuttack in R.P. Case No. 6774 of 1996 (Annexure-1). By the impugned order the Commis¬sioner has directed the Tahasildar to take up the case under para 17 (1) of the Mutation Manual and verify the sale deed of the petitioner to know his legal entitlements. The Commissioner has observed that the plot in question be remeasured alongwith the suit Hal Plot No. 225 and the records be corrected if found necessary. The Tahasildar has also been fur¬ther directed to ignore the possession of any excess area, if found, without valid title.

3. According to the petitioner, he has been in possession of land measuring Ac. 0.050 decimals uninterruptedly without any hindrance from any quarter although in the registered sale deed No. 8486 dated 6.10.1970, the extent of the land was noted as Ac. 0.041 decimals. In support of the petitioner’s stand that h



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