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2017 Supreme(Ori) 1209

VINEET SARAN, B.R.SARANGI
Durga Charan Roul – Appellant
Versus
Bhagirathi Roul – Respondent


Advocates Appeared:
For the Appellants : M/s S. Mishra, B. Mohanty, A. Mohanta, E. Agarwal, L.K. Moharana and S.K. Samantray
For the Respondents: Mr. B.P. Pradhan

JUDGMENT :

B.R. SARANGI, J.

The appellants, being opposite parties no. 3 to 6 before the writ Court, have filed this intra-Court appeal impugning the order dated 15.12.2016 passed by the learned Single Judge in W.P.(C) No. 21270 of 2015, whereby, while allowing the writ petition, the order dated 16.11.2015 passed by the Additional Commissioner of Settlement, Sambalpur in R.P. Case No. 76 of 2014 has been set aside.

2. The factual matrix of the case in hand is that the present appellants, as the revision petitioners, filed an application under Section 15 (b) of the Orissa Survey and Settlement Act,1958 and Rules framed thereunder before the Addl. Commissioner Settlement and Consolidation, Sambalpur registered as R.P. Case No. 76 of 2014, wherein the present private respondents were impleaded as contesting opposite parties, for recording the land in question separately in their name by correction of Record of Right (ROR). The appellants pleaded that Sabik khata no.14/1 of village Mochigaon measuring Ac.1.94 decimals, which corresponds to Sabik plot no.5 measuring Ac.1.86 decimals and plot no.90/225 measuring Ac.0.08 decimals, originally recorded in the name of their grandfather, namely,











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