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2014 Supreme(Ori) 38

M.M.DAS, C.R.DASH
Parbati Mohapatra – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For Petitioner: M/s. P.K. Rath, R.C. Jena, P.K. Satpathy, R.N. Parija & A.K. Rout, M/s. R.K. Mohanty, S.C. Nayak, R.C. Mishra & A.P. Bose
For Opp. Parties :Addl. Government Advocate, M/s. P.K. Rath, R.C. Jena, P.K. Satpathy, R.N. Parija & A.K. Rout (for O.Ps. 8 and 9), Addl. Government Advocate

JUDGMENT

M. M. DAS, J. – In both these writ petitions, the petitioners have assailed the order dated 25.4.2008 passed by the learned Member, Board of Revenue, Orissa, Cuttack in O.E.A.R.C. No.6 of 2003.

2. Facts reveal that the land in revenue district Bhadrak, mouza Kuansh, appertaining to Sabik Plot No. 1531 corresponding to Hal Plot No. 1885 and 1885/2172 constituting a total area of Ac. 0.55 decimals originally stood recorded in the name of Ex-intermediary, Susilabala Dasi. The aforesaid land was vested with the State under the O.E.A.Act on 7.9.1953. Consequent upon vesting of the estate, the ex-intermediary filed an application for settlement and fixation of fair and equitable ground rent of the aforesaid land under Sections 6 and 7 of the O.E.A.Act. The said application was registered as Rent Fixation Case No. 33/56-57. In the said proceeding, one Radhashyam Boiti and Ratnakar Jena raised their claim of tenancy in respect of Ac. 0.05 1/2 decimals of land. By order dated 30.11.1959, the O.E.A. Collector directed fixation of rent for an area of Ac. 0.44 1/2 decimals of land in favour of the ex-intermediary, settling the balance Ac. 0.05 1/2 decimals of land in the names of the sa











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