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2008 Supreme(Ori) 40

SANJU PANDA
Golam Khan – Appellant
Versus
Commissioner, Consolidation, Orissa – Respondent


Advocates:
For Petitioners:M/s. B. Routray, Amiya, Ku. Mohan¬ty, B. Parida, B. Sarangi and B. Dash
For Opp. Parties:Addl. Govt. Advocate (For O.P. 1 to 3)
Md. Yusuf Ahmad Rahim, Almas Yusuf, B.P. Panda and Kalpataru Mishra [For O.P. 4(a)]
Mr. R. N. Ghose [For O.P.4(b) to 15)]

JUDGMENT

S. PANDA, J. — In this writ application, the petitioners have challenged the order dated 27.11.1995 passed by the Consoli¬dation Commissioner, Bhubaneswar in Consolidation Revision Case Nos.263 and 264 of 1983 whereby the Consolidation Commissioner disposed of the said two revisions under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred as to “the Act”).

2. The brief facts of the case are as follows :

The writ petitioners are the permanent residents of village Bhandagar under Kakatpur Police Station in the district of Puri. Their case is that originally one Bahudi Khan was the owner of the land, who died in the year 1929 leaving behind his three sons, namely, Hamid, Rahim and Ashad Ali and three daughters, namely, Saiban, Haluson and Saliman. Hamid had only one son named Idrish who died on 23.7.1969. The intermediary estate vested in the year 1963 64. A claim case was filed by Idrish Khan, Golam Khan, Murtaja Khan, Mustafa Khan, Solema Bibi, Hawa Bibi and Khatija Bibi. The said claim case was settled in favour of the above seven persons in respect of villages-Lataharan, Bhandaghar and Sadans. But the
























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