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2014 Supreme(Ori) 9

I.MAHANTY, B.N.MAHAPATRA
Chittaranjan Sahoo – Appellant
Versus
Collector, Khurda – Respondent


Advocates:
Advocate Appeared
For Petitioners - Mr. N.C. Panigrahi, Sr. Advocate, S.R. Panigrahi, N.K. Tripathy, N.C. Nayak & D.Dhall (in both the cases)
For Opp. Parties - Mr. B. Bhuyan, Addl. Govt. Advocate
Mr. M.S. Sahoo, Addl. Standing Counsel (for O.P. Nos. 1, 2 and 12)
Mr. Manas Ranjan Panda (for O.P .No. 3)
M/s. Ajodhya Ranjan Dash, S.K.Nanda, B.Mohapatra & S.N.Sahoo
Mr. B.N.Rath (for O.P.No.11)

JUDGMENT :

B.N. MAHAPATRA, J. - In both the writ petitions, the petitioners have challenged the order dated 03.08.2009 (Annexure-8) passed by the Member, Board of Revenue, Odisha, Cuttack in O.E.A. Revision No.226 of 2001 setting aside the order dated 31.03.1997 (Annexure-2) passed by the Additional Tahasildar, Bhubaneswar in Bebandobasta Case No.1 of 1997.

2. Petitioner's case in a nut-shell is that the entire suit land appertaining to Khata No. 68, Chaka No. 35, bearing Plot Nos. 58 and 93, area Ac 4.481 and Ac. 0.312 totalling to area Ac. 4.793 (for short, "suit land") involved in O.E.A Revision Case No. 226 of 2001 was recorded in the R.O.R. published in the year 1979 as "Babandobasta Status" with lord Lingaraj Mahaprabhu Bije-Bhubaneswar jointly with the present opposite party Nos. 3 and 9. Bebandobasta Case No. 1 of 1997 was instituted by the Additional Tahasildar, Bhubaneswar on the basis of G.O.No. 11782 dated 14.03.1991 on the report of the Court Amin for settlement of the suit land. The Additional Tahasildar after issuing general proclamation, inviting objection and after hearing opposite party Nos. 3 to 9 and others held that opposite party Nos. 3 to 9 were in possession





























































































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