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2010 Supreme(Ori) 48

A.S.NAIDU
Rabindra Kumar Das – Appellant
Versus
The Commissioner, Settlement and Consolidation – Respondent


Advocates:
For Petitioners:M/s. Samir Ku. Mishra, M. R. Dash, M. Padhi and A. K. Mohapatra
For Opp.Parties:Dr. A. K. Rath (opp.party No.4)

JUDGMENT

A.S. NAIDU, J. : The petitioners, who claim to be the inhabitants of village Balabudhi in the district of Balasore, have filed this writ petition challenging, inter alia, the order dated December 29, 2005 passed by the Commissioner, Settlement and Consolidation, Bhubaneswar in Consolidation Revision No.498 of 2003 dismissing the said revision and thereby confirming the order dated September 23, 2002 passed by the Deputy Director, Consolidation, opposite party No.3 in Remand Appeal No.5 of 2001. By the said orders, the Consolidation authorities had directed to record the suit land in favour of opposite party No.4.

2. Bereft of unnecessary details, the short facts which may be necessary for effectual appreciation of the inter se disputes are as follows :

The disputed land, as it appears from the pleadings was an Anabadi land of ex-intermediary Sri Manmatha Nath Dev and Mano¬ranjan Dev. Bhagaban Behera, the predecessor in interest of opposite party No.4, it appears was inducted as a tenant in respect of an area of Ac.0.063 dec. appertaining to C.S. Plot No.302 and an “Amalanama Patta” was executed by the ex-intermediary in his favour on March 3, 1944 in token of such inductme








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