JUDGMENT :

Biswanath Rath,J.

This writ petition is filed assailing the orders passed by the competent authorities in exercise of power under the O.C.H. & P.F.L. Act, 1972 vide Annexures-10 and 11.

2. Short background involved in the case is that the disputed property under Plot No.697 in the 1930 Settlement record-of-right measuring Ac.0.28 decimals is the ancestral property. In 1986 settlement record-of-right Ac.0.17 decimals of land remained in Khata No.35, Plot No.682 and balance Ac.0. 11 decimals of land remained in Plot No.682/985 under Khata No.35 corresponding to Consolidation L.R. Plot No.682 measuring Ac.0.140 decimals. The petitioner and opposite party no.1, who are two brothers are sons of Shyam Sundar Lenka, who had also other two sons, namely, Krupasindhu and Jagabandhu. Petitioner all through claimed that after the death of Shyam Sundar Lenka, an unregistered deed of acknowledgement giving a previous partition was executed between four brothers and in the said partition, western Ac.0.14 decimals fell to the share of the petitioner and the eastern Ac.0.14 decimals fell to the share of the opposite party no.1. It is contended that after this development, opposite party no.