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2012 Supreme(Ori) 36

M.M.DAS
Bibudhendra Misra – Appellant
Versus
Board of Revenue – Respondent


Advocates appeared:
For Petitioner: M/s. Durga Ch. Mohanty, S. Mohanty, G.P. Mohanty and P.R. Sutar
For Opp.Parties : Addl. Standing Counsel (For O.Ps 1 to 3) M/s. Dr. A.K. Rath (For O.P. No.4)

ORDER

M.M. DAS, J. – The petitioner in this writ application has sought for quashing/deleting the observation made by the opposite party No.2, Joint Commissioner of Land Records and Settlement, Cuttack in his common order dated 31.08.2004 under Annexure-1 passed in R.P. Case Nos.2358, 2359, 2360, 2361, 2362, 2363, 2364, 2365 and 2366 of 2003. The petitioner and others, who filed the above R.P. cases, are the successors-in-interest of late Damayanti Devi. C.S. Plot No.3050 under Khata No.703 was recorded in the name of Gopaljew Takur Bije Gopaljew Lane, Marfat Mahanta Jagannath Das in Bajyapti Sthitiban status. The said Mahant Jagannath Das leased out land measuring Ac.0.300 decimals in favour of Damayanti Devi by a Registered Lease Deed No.4392 dated 08.10.1945. One Darala Devi, who was a tenant under the deity sold Ac.0.200 decimals of land from the eastern side of the said C.S. plot No.3050, by a registered sale deed No. 3144 dated 09.07.1946 to late Damayanti Devi, common ancestor of all the petitioners in the aforesaid R.P. Cases. The above lease land and purchased land of Damayahti Devi, during the Hal Settlement, was subdivided into various plots, as mentioned in the impugned












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