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1984 Supreme(Ori) 32

R.C.PATNAIK, B.K.BEHERA
BHARAT SASMAL – Appellant
Versus
ADDITIONAL SESSIONS JUDGE, PURI – Respondent


JUDGEMENT

Behera, J. :- The unsuccessful first party in a proceeding under S.145 of the Code of Criminal Procedure ('the Code', for short) invokes the extraordinary jurisdiction of this Court under Arts. 226 and 227 of the Constitution for the issuance of a writ of mandamus and/or certiorari or any other appropriate writ quashing the order (Annexure-3) passed by the learned Executive Magistrate declaring some members of the opposite parties to be in possession of the land in dispute and the revisional order (Annexure-4) passed by the learned Additional Sessions Judge, Puri, maintaining Annexure 3.

2. While the petitioner's claim was based on the settlement of the disputed land in his favour under S.4(2) of the Orissa Land Reforms Act after the vesting of the estate of the opposite party No. 19 with the State Government in 1974 and his possession of the land as a tenant first under the opposite party No. 19 and then in his own right, the opposite parties, who had contested the petitioner's claim, had claimed to have been inducted as tenants on the basis of Kabuliyat and Hukumnama. Both the contesting parties led oral and documentary evidence which were considered by the learned Execut












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