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1996 Supreme(Ori) 204

P.K.MISRA, PRADIPTA RAY
PRAFULLA KUMAR ROUTRAY – Appellant
Versus
COMMISSIONER OF CONSOLIDATION – Respondent


Advocates Appeared:
Anup Kumar Bose, P.K. Giri, B.N. Swain and P.K. Mishra, for the Appellant; State Counsel, for the Respondent

JUDGMENT :

1. The writ petitioners have claimed that they were the permanent lessees under the ex-Proprietor and as such they were entitled to be recognised as tenants under the State Government on and from the vesting of the Estate under the provisions of Orissa Estates Abolition Act. It has been alleged that the opp. party No. 3 on the basis of an illegal vesting order was making attempts to dispossess the petitioners from the disputed lands. The petitioners thereafter filed Title Suit Nos. 212 and 213 of 1977 in the Court of Second Munsif. Cuttack for declaration of their title and permanent injunction. By judgment and decree dated August 5, 1989 the learned Munsif declared the vesting order as invalid and restrained the opp. party No. 3 from coming to the disputed lands. After ' such decree consolidation under the provisions of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act. 1972 (hereinafter referred to as the 'Consolidation Act') was started in the locality. The petitioners made a prayer before the Consolidation Officer, Niali Camp (0. P. No. 2) for recording their names on the basis of their possession and also on the basis of the title as de












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