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2014 Supreme(Ori) 523

B.K.PATEL
Ashok Kumar Padhy – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For Petitioner: M/s. Pradipta Kumar Mohanty, D.N.Mohapatra, J.Mohanty, P.K.Nayak, S.N.Dash and A.Das.
For Opp. Parties :Additional Government Advocate

JUDGMENT :

B.K. PATEL,J.

In this writ petition, the petitioner has made prayer to quash the proceeding in U.V.M.C. No.417 of 2008 and Certificate Case No.26 of 2014, and consequential notices at Annexures-2, 4 series and 6.

2. Petitioner’s case is that on the basis of the claim to be the owner on the strength of Hat Patta alleged to have been granted by the ruler of Kanika Estate, one Rabindra Nath Lenka executed in favour of the petitioner registered sale deed no.5064 dated 24.8.2005 in respect of the land measuring an area of Ac.2.500 pertaining to plot no.321 under Khata No.619 of Mouza Chandrasekharpur recorded in the name of G.A. Department of the State of Orissa. At the time of registration, the petitioner was not aware of the fact that the above said land stands recorded in the name of the Government. In such circumstances, the sale deed executed in favour of the petitioner does not confer title over the land to the petitioner. The petitioner also never claimed title over the land nor possession of the land was delivered to the petitioner. The petitioner being aware that he has not derived any title on the strength of the aforesaid sale deed, never claimed any interes







































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