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2004 Supreme(Ori) 249

B.P.DAS
Sourindra Narayan Bhanja Deo – Appellant
Versus
Member, Board of Revenue, Orissa – Respondent


Advocates:
For Petitioner:M/s. Samareswar Mohanty and R. C. Sahoo
For Opp. Parties:Shri G. K. Mohanty, Addl. Govern¬ment Advocate,
M/s. P. K. Patnaik, S.N. Senapati, A. K. Dwibedy, S. K. Patnaik and M. R. Mishra.

JUDGMENT

B. P. DAS, J. — The petitioner had filed this writ petition under Articles 226 and 227 of the Constitution with the following prayers :

(i) to quash the proceeding initiated in Resumption Case No. 2 of 1993 in respect of the disputed Khasmahal leasehold land pending before the Collector, Puri;

(ii) to quash the order of the Member, Board of Revenue under Annexure-5, sanctioning the resumption; and

(iii) to direct opposite parties 2 and 3 to settle the said land permanently with the petitioner and his brothers, opposite parties 5 and 6, with heritable and transferable rights in terms of Section 3(4) (c) of the Orissa Government Land Settlement Act, 1962.

2. The brief facts leading to this writ application as delineated tent to reveal that the petitioner’s father Raja Sailendra Narayan Bhanja Deo was the lessee in occupation of the case land in Mouza Bankimuhan (Unit No. 26), Tahasil - Puri Sadar under a Khasmahal Lease, the extent of which was Ac. 1.566. The said lease was subsisting on 19.7.1982, when the petitioner’s father - Raja Sailendra Narayan Bhanja Deo died. After the death of the petitioner’s father, opposite party No. 4, the mother of the petitioner, and opposite pa
































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