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2014 Supreme(Ori) 248

AMITAVA ROY, B.R.SARANGI
Susanta Kumar Jena – Appellant
Versus
Basanti Sethi – Respondent


Advocates:
Advocate Appeared
For appellants : M/s. Prahallad Kar, A.K. Mohanty & G.D. Kar
For respondents: M/s. N.K. Sahu, B. Swain
S.K. Sahoo (For Respondent Nos.1 & 2)

Judgment

Dr. B.R.Sarangi, J.

The appellants being the legal heirs of the deceased-writ petitioner in O.J.C. No. 7296 of 1998 have filed the instant appeal challenging the judgment dated 13.02.2012 passed by the learned Single Judge confirming the order dated 27.10.1997 (Annexure-7 to the writ petition) passed by the Joint Commissioner, Settlement and Consolidation, Bhubaneswar in Revision Case No.70 of 1994 setting aside the order of Consolidation Officer, Bhadrak dated 04.06.1993 passed in Objection Case No.505 of 1992 (Annexure-4 to the writ petition) and the order of the Deputy Director, Consolidation, Bhadrak passed in Appeal Case No.29 of 1993 (Annexure-5 to the writ petition).

2. The factual backdrop of the case in hand is that C.S. Plot No.963 was recorded as Puratan Patita in the name of ex-landlord, Mrutunjaya Narayan Praharaj which was divided into several plots under M.S. Khata No.385, M.S. Plot No.1049. The disputed land relates to M.S. Plot No.1049 comprising an area of Ac.0.84 under M.S. Khata No.385 which is a part of Plot No.963 measuring Ac.5.11 dec. under C.S. Khata No.179. M.S. Khata No.385 was recorded in the name of State of Orissa as Abadjogya Anabadi whereas




















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