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2017 Supreme(Ori) 606

S.K.MISHRA
Abdul Aziz – Appellant
Versus
Member Board of Revenue, Orissa, Cuttack – Respondent


Advocates Appeared:
For the Petitioner: M/s. B.N. Rath, J.N. Rath, S.K. Jethy, M.K. Panda, S.K. Patjoshi, M.K. Singhdeo, K.K. Mohapatra
For the Opposite Parties : Sri M.R. Dhala, M/s. B.K. Sahoo, S.K. Mishra, P. Sahu

JUDGMENT :

S.K. Mishra, J.

In this writ petition, the petitioner being the purchaser of the land in question in an auction preceding challenges the order passed by the learned Member, Board Revenue, Orissa, Cuttack on 29.02.2000 in Settlement Revision No. 116 of 1998 directing for correction of Record of Rights in favour of the opposite party nos.4 to 12.

2. The facts are not disputed. Raubha Kirtan Majhi was original recorded tenant of Khata No.130/7 of village Palasapada, PS. Chandahandi, Dist.-Nabarangpur. Rameswar Majhi, the predecessor in interest (father) of opposite party nos.6, 7 and 8 was recorded with respect to Khata No.130/8 of the same village. In both the holdings Ac.6.98 and Ac.4.04 dec., lands were recorded in the name of Raubha Kirtan Majhi and Rameswar Majhi. Certificate cases were initiated with respect to the scheduled property and because of nonpayment of Government loan by one Bhaghirathi Majhi, who is the common ancestor of the parties. Accordingly, as per the orders of the Certificate Officer, Certificate Execution Proceedings no. 79/70 C.A.90/79, C.A.80/70, C.A.191/73, BL.201/73 and BL.414/73 were initiated relating to property of late Bhagirathi Majhi. It was



















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