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2007 Supreme(Ori) 177

I.MAHANTY
Bhagaban Jena – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioners:M/s. A. K. Sarangi, A. C. Sarangi & K. Panda
For Opp.Parties 1 & 2:Addl.Govt. Advocate
For Opp.Parties 3, 4, 5 & 6:M/s. Ramakanta Mohanty, D. K. Mohanty, A. P. Bose, S. N. Biswal and S. Mohanty

JUDGMENT

I. MAHANTY, J. — The petitioner in the present writ applica¬tion seeks to challenge the Order dated 8.12.2003 passed by the Commissioner, Consolidation, Cuttack rejecting Consolidation Revision Case No.159 of 2002 filed under Section 37(1) of the Consolidation Act, 1972, seeking correction of errors in the Hal map, pertaining to Plot No.832, under Hal Khata No.314 corre¬sponding to Sabik Plot No.666, measuring an area of Ac.0.180; on the ground of delay.

2. Learned counsel for the petitioners submitted that the disputed land pertaining to Hal Plot No.832 under Khata No.314, stands recorded in the names of the petitioners who are landless Scheduled Caste persons. The petitioners have constructed their homestead on the said land and the Hal R.O.R. for the aforesaid plot has also been issued in favour of the petitioners. It is submitted that although necessary R.O.R. has been issued in the names of the petitioners,later on, while comparing the sabik and Hal map of the suit land, they noticed that the Hal map has not been prepared in conformity with the sabik map.As a consequence of such wrong recording in the Hal map, the petitioners’ varendah, latrine as well as certain valu
















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