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1996 Supreme(Ori) 355

DIPAK MISRA, ARIJIT PASAYAT
JAGABANDHU SAHU – Appellant
Versus
COMMISSIONER OF LAND RECORDS AND SETTLEMENT – Respondent


Advocates Appeared:
S.P. Mishra, U.N. Sahoo, S. Latif and P.N. Sahoo, for the Appellant; Bibhuti Bhusan Rath and M. Mohanty for opp. party No. 2 and Addl. Standing Counsel for opp. Nos. 1 and 3, for the Respondent

JUDGMENT :

A. Pasayat, J. - Petitioners call in question legality of the order of the Commissioner, Land Records and Settlement, Orissa, Cuttack (in short, 'the Commissioner'), passed u/s 15 of the Orissa Survey and Settlement Act, 1958 (in short, 'the Act') holding that petitioners' note of possession could not have been recorded while preparing the settlement records. The Executive Officer, Cuttack Municipality (opp. party No. 2) had filed the revision against recording of possession note in respect of plot Nos. 201, 202, 207 and 211 under Hal Khata No. 157 relating to Cuttack town unit No. 21, Ranihat in Settlement records recorded and finally published in favour of the Municipality. Stand of the Municipality was that it being the owner of the aforesaid plots and the Hal Record-of-rights (in short, 'the ROR') having been prepared accordingly, note of possession in respect of the present petitioners, and 11 others should be deleted. Stand of present petitioners and 11 others who were opp. parties before the Commissioner was continued possession in respect of suit plots for more than 30 years, and payment of tax to the Municipality. They claimed to have acquired title by adverse po




























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