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1998 Supreme(Ori) 253

S.CHATTERJI, R.K.DASH
KHALI ROUT – Appellant
Versus
ADDITIONAL DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
S. Mishra-2, S. Mantry, R.C. Rath and A.K. Sharma, for the Appellant; G.K. Mishra, G.N. Mishra, K.C. Swain and B.K. Raj for Opp. Party No. 4, for the Respondent

JUDGMENT :

R.K. Dash, J. - Revisional orders passed by the Additional District Magistrate (Land Reforms), Cuttack, confirming the orders of the appellate authority have been challenged in these writ petitions. Since the facts and questions of law involved in these writ petitions are similar, they were heard analogously and are disposed of by this common judgment.

2. These petitioners and others filed separate applications u/s 15(1)(d) of the Orissa Land Reforms Act, 1960 (for short, 'the Act') before the Revenue Officer-cum-Tahasildar, Tigiria, praying to determine the dispute regarding existence of relationship of landlord and tenant between them and Madan Mohan Jew of Nuapatna-opposite party No. 4 as envisaged in the Act, since they were restrained to cultivate their respective lands by the trustees. Opposite party No. 4 on being noticed challenged the maintainability of the proceedings containing, inter alia, that in a proceeding finder Section 42 of the Orissa Hindu Religious Endowments Act (for short, 'Endowments Act') the lands in question were kept in the custody of interim trustees, namely, Chaitan Das and the Inspector of Endowments, who had inducted the petitioners to culti










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