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2017 Supreme(Ori) 94

BISWANATH RATH
Laxmidhar Behera – Appellant
Versus
Commissioner, Settlement & Consolidation, Bhubaneswar – Respondent


Advocates Appeared:
For the Petitioners: M/s. S.K. Nayak-2, B.K. Rout, Miss. A. Nayak, S.K. Nayak
For the Opposite Parties : M/s. Akshaya Kumar Sahoo, S.B. Das, Sarbeswar Sahoo, Kishor Kumar Sahoo

JUDGMENT :

Biswanath Rath, J.

This writ petition has been filed as against the orders passed by the Consolidation authorities in exercise of power under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 as available under Annexures-2 & 4 to this petition.

2. Short background involved in this case is that one Panu Behera was the common ancestor having two sons namely Nilamani and Ramachandra. After death of Nilamani his wife Aparti Dei and thereafter his son Gourahari succeeded to his branch. At the same time, petitioners belong to the other branch Ramachandra. Disputed land involving the petitioners and the opposite parties situates in Mouza Panchapada, M.S. Khata No.188 corresponding to L.R. Khata No.134, L.R. Plot No.994, 995, 996 & 997 measuring Ac.0.03 decimals. The disputed land was gifted by Sajan Sahoo, Bhajan Sahoo, Madan Sahoo, Padma Charan Sahoo being the sons of Darsani Sahoo by virtue of a registered deed bearing No.1411 dated 12.11.1930 to Aparti Dei W/o-Nilamani Behera and Ramachandra Behera, son of Panu Behera. Petitioners’ case is that they being the successor of Ramachandra have possessed the aforesaid land alongwith the opposite p









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