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2008 Supreme(Ori) 258

B.P.DAS
Shyam Sundar Sahoo,after him, Parbati Sahoo – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:S/Shri P. K. Mohanty and B. Routray
For Opp. Parties:Smt. M. Agarwal, S/Shri R. K. Mohanty, A. Mohapatra and Addl.Standing Counsel

JUDGMENT

B.P. DAS, J. — The petitioner-Shyam Sundar Sahoo having died during pendency of the writ petition is now represented by his legal heirs, petitioner Nos.1/a to 1/h. However, for the purpose of convenience, I shall refer him as petitioner in the course of this judgment.

2. This writ petition is directed against the order dated 15.12.1990 passed by the Commissioner of Land Records and Settle¬ment, Orissa, under Section 32 of the Orissa Survey and Settle¬ment Act, 1958 (‘the Act’ hereinafter) in R.P. No.421 of 1990, vide Annexure-4 in which the order dated 14.8.1990 passed by the Settlement Officer, Cuttack, in Suo Motu Appeal Case No.49 of 1990, vide Annexure-2, was set aside and the suit property was directed to be recorded in favour of Corn Processing & Co., O.P. No.2 herein.

3. Bereft of unnecessary details, the facts of the case are that not in final Hal plot Nos.580 Ac.0.715, 578 Ac.0.515, 566 Ac.0.530, 579 Ac.0.488, 565 Ac.0.045, 564 Ac.0.118 under Khata 256 Cuttack Town, corresponding to 1930 C.S. Plot No.3156 Ac.2.505 stood recorded in Sabik Khata No.65 in Mouza Madhupatna, Unit No.32, Cuttack Town, in favour of Banchhanidhi Sahoo, son of Baidhar Sahoo, Batakrushna Sa










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