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1996 Supreme(Ori) 282

R.K.PATRA, R.K.DASH
NITYANANDA SATPATHY – Appellant
Versus
MEMBER, BOARD OF REVENUE – Respondent


Advocates Appeared:
S. Misra-2, S. Mantry, R.C. Rath and A.K. Misra, for the Appellant; R.K. Mohanty, Additional Government Advocate (for opp. parties 1 to 3) and B.B. Mohanty, (for Opp. parties 5 to 8), for the Respondent
This Judgment has been overruled by : State of Orissa Vs. Nityanand Satpathy and Others, (2003) 9 JT 535 : (2003) 6 SCALE 250 : (2003) 7 SCC 146 : (2003) 2 SCR 66 Supp

JUDGMENT :

R.K. Patra, J. - In this application under Arts. 225 and 227 of the Constitution, the petitioners seek quashing of the proceedings in O. E. A. Revision Case No. 15 of 1989 at Annexure-1 and the final order dated 1-1-1992 at Annexure-4 passed by the Member, Board of Revenue, Orissa (opp. party No. i)error.

2. The case of the petitioners is that the ex-intermediaries of Paikapada Maj estate under Touzi No. 268 in the district of Puri were owners in khas possession of lands measuring Ac. 659.37 decimals under khata No. 23, in mouza Gadabangoro and Ac. 167.10 decimals under khata No. 153 in mouza-Badagaon. The estate came to vest in the State Government on 25-8-1953. The then Deputy Collector, Puri in O. E. A. Case No. 8/43-54 illegally restrained the ex-intermediaries from felling and removing casuarina trees from the disputed lands and transferred the same to the Divisional Forest Officer, Puri Division, Khurda for management during the pendency of the aforesaid case. On 10-8-1957 the case was finally disposed of wherein the Deputy Collector held that the lease granted by the ex-intermediaries to one Radha Mohan Mukhopadhaya and two others was benami transaction in view of t



























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