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2014 Supreme(Ori) 634

AMITAVA ROY, A.K.RATH
Sutar Chemical Private Limited – Appellant
Versus
Collector, Balasore – Respondent


Advocates:
Advocate Appeared:
For the Appellants: Mr. B. Baug
For the Respondents:Mr. B.N. Bhuyan, Addl. Govt. Advocate (For Resp. No.1), Mr. S.K. Mishra, Advocate (For Resp. No. 2)

JUDGMENT :

A.K. Rath, J.

In this appeal under Clause-10 of the Letters Patent, the appellants call in question the legality and propriety of the judgment and order dated 10.10.2013 passed by the learned Single Judge in W.P.(C) No.31773 of 2011, whereby and whereunder, the learned Single Judge dismissed the writ petition and confirmed the order dated 28.11.2011 passed by the Collector, Balasore in Consolidation Case No.8 of 2007. By order dated 28.11.2011, the Collector, Balasore-respondent no.1 held that RSD No.4172 dated 7.12.1990, RSD No. 4173 dated 7.12.1990 and RSD No.1147 dated 16.10.2007, which had been executed in contravention of Sec. 34 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as “the Act”), are void. Having held so, respondent no.1 evicted the present appellants, who are opposite parties 3 and 4 in consolidation case, from the land transferred to them vide RSD No.1147 dated 16.10.2007.

2. Bereft of unnecessary details, the short facts of the case of the appellants are that one Sridhar Sahoo was the recorded owner in respect of consolidation khata no.291, chaka no.48, chaka plot No.92, area-Ac.1.16 dec.






















































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