2016 Supreme(Ori) 725
IN THE HIGH COURT OF ORISSA, CUTTACK
BISWANATH RATH, J.
Basant Kumar Sahoo (since dead) His Lrs. Chitralekha Sahoo & Others - Petitioners
Versus
Commissioner, Consolidation, Orissa, Cuttack & Others - Opposite Parties
O.J.C. Nos. 2180 of 2002, 11572 & 11573 of 2001
Decided On : 19-10-2016
For the Petitioners: M/s. M. Muduli, A.K. Beura, S.K. Pradhan(3), P.K. Parida, B. Mishra
For the Opposite Parties : M/s. P.K. Routray, N.K. Deo, B.G. Mishra, R.K. Rout, A. Routray
The final decree of partition was binding on all parties, and subsequent transactions did not affect the exclusive ownership of the disputed land.
Headnote:
Partition Decree - Property Dispute - O.C.H. & P.F.L. Act, 1972 - Section 9(3)
Fact of the Case:
The case involves a dispute over the ownership of properties following a partition decree. The petitioners challenged the orders passed by the Deputy Director and the Commissioner in various cases related to the disputed land.
Finding of the Court:
The Court found that the final decree of partition was binding on all parties, and the disputed land was the exclusive property of Sobani. The Court set aside the order and remitted the matter back to the Revisional Authority for re-hearing.
Issues: The main issue was the ownership of the disputed land following a partition decree and subsequent transactions.
Ratio Decidendi: The Court held that the properties acquired by Sobani after the partition decree were his exclusive properties, and the claim of the petitioners over those properties was not valid.
Final Decision: The Court set aside the order and remitted the matter back to the Revisional Authority for re-hearing. The writ petitions succeeded to the extent indicated.
JUDGMENT :
Biswanath Rath, J.
W.P. (C) No. 2180 of 2002 was originally filed by Basant Kumar Sahoo assailing the judgment vide Annexure-4 passed in Consolidation Revision Case No. 148 of 2006 on his death is being represented by his L.Rs. O.J. (C) No. 11572 of 2001 is filed by Sukadev Mallik and another challenging the order passed by the Deputy Director in Appeal Case Nos. 34, 36, 37, 38, 40 & 43 of 1993 vide nnexure-2 and also the order of the Commissioner in Revision Case Nos. 148 & 149 of 1996 whereas in O.J.C. No. 11573 of 2001, Sukadev Mallik again challenged the orders passed by the Deputy Director in Appeal Case Nos. 34, 36, 37, 38, 40 & 43 of 1993 appearing at Annexure-2 as well as the order of the Commissioner in Consolidation Revision Case Nos.148 of 1996 and 149 of 1996 appearing at Annexure-3. Since the parties in all the proceedings are same and the contest remaining between the parties over the same disputed land, this Court decides the cases vide this common judgment.
2. For clarity of the matter, this Court finds Consolidation Revision Case No.148 of 1996 involved objection Case No. 2642 of 1990 concerning L.R. Khata No. 470 at the instance of Debabrata being allowed, challenged in Appeal No. 38 of 1993 and the appeal was allowed. This also involved the Objection case No. 2424 of 1990 at the instance of Sukadeb concerning L.R. Khata No. 470. Objection Case being allowed, Appeal No. 40 of 1993 was preferred and the appeal being allowed, Revision Case No. 148 of 1996 was filed. Similarly, so far as Revision No. 149 of 1996 is concerned, this Court finds the same is off suit of L.R. Khata No. 440, Objection Case No. 2762 of 1990 and Objection Case No. 2423 of 1990 preferred at the instance of Basanta and Sukadeb. Objection Case No. 2762 of 1990 being dismissed as against Basanta, he preferred Appeal No. 34 of 1993, the appeal was allowed. Similarly, Objection Case No. 2423 of 1990 at the instance of Sukadeb being allowed, Appeal 43 of 1993 preferred and allowed and both the orders in Objection Case No. 2762 of 1990 consequently Appeal Case No.34 of 1993 and Objection Case No. 2423 of 1990 involving Appeal No.43 of 1993 were challenged in Revision No. 149 of 1996. From the reading of the cause title portion involving Revision Case No. 149 & 148 of 1996, this Court finds the Revision order find place at Annexure-4 of O.J.C. No. 2180 of 2002 and Annexure-3 to O.J.C. No.11572 of 2002 and O.J.C. No. 11573 of 2002 respectively disclose both these revisions were at the instance of Sukadeb Mallik and Basanti Samal making Basanta Kumar Sahu, the petitioner in O.J.C. No. 2180 of 2002 as party. Further reading of the revisional order also discloses that the above two revisions were directed against the order dated 28.10.1998 passed by the Deputy Director in Appeal Nos. 34, 36, 37, 38, 40 & 43 of 1993 reversing the order dated 26.11.1992 and 15.12.1992 passed by the Consolidation Officer, Marsaghai involving Objection Case Nos. 2762, 2760, 2218, 2642, 2424 & 2423 of 1990 filed under Section 9(3) of the O.C.H. & P.F.L. Act, 1972.
3. For better appreciation of the facts and allegation involved in the above bunch of proceedings, it is necessary here to bring the genealogy given by the parties, which is as herein below.
Late Mana Sahu
Late Madha
Late Madhu
Late Gadei
Late Sobani
Late Sumitra
Late Chintamani
Late Dukhei
Late Uluchha
Late Sukadev
Banambar
Bhikari Radharani
Basanta
Late Dinabandhu
Late Gokhani
Rukmani
Tara
Late Basanti
Late Labanga
Debabrat
Satyabrata
Suvrat
Late Anusaya/ Baidyanath
Priyambada
Sakuntala
Sharmistha
Devjani
Samir
Sabita
Salila
4. This genealogy appears to the admitted by the present petitioners in all respect except the fact that Bhikari is the adopted son of late Dukhei and Uluchha. While Sobani,