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2001 Supreme(Ori) 381

A.S.NAIDU
Labangalata Panda – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. P. V. Ramdas and P. V. B. Rao
For Opp. parties:Mr. A. K. Mishra, Standing Counsel, and Mr. N. C. Pati (for OP. 5)

JUDGMENT

A. S. NAIDU, J. — The order passed by the Revenue Divisional Commissioner (Southern Division), Berhampur, in O.P.L.E.Revision No. 2 of 1992 directing eviction of the petitioner from the encroached land, after realising penalty and assessment, is impugned in this writ application.

2. The subject matter of the dispute has a chequered career. The petitioner asserts that she is in possession of Ac. 0.74 cents of land appertaining to Sabik Plot No. 800/2 of mouja Ankuli near Berhampur. The said plot corresponds to Hal Plot No. 91 having an area of Ac. 0.597 decimals and Hal Plot No. 93 having an area of Ac. 0.202 decimals in mouza Kolapur in Berhampur town (hereinafter referred as the ‘case lands’). The opp. party No. 5 also claims to be in possession of the case lands. The petitioner asserts that in view of her continuous, uninterrupted and exclusive possession since 1929, she has acquired valid right, title and interest over the land by way of adverse possession. At the other hand, opposite party No. 5, an adjacent land owner, claimed to have encroached upon a portion of the case land. The inter se claim between the petitioner and opposite party No. 5 culminated in Title Suit




























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