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1998 Supreme(Ori) 288

S.CHATTERJI, R.K.DASH
SARALA KUMARI RATH – Appellant
Versus
KHATI ROUT – Respondent


JUDGMENT :

R.K. Dash, J. - In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner has sought to quash the order of the Additional Settlement Officer, Cuttack passed in suo motu Case No. 16 of 1993. By the impugned order, Annexure-6, the opposite parties 1 to 4 and Ors. have been held to be Sikimi tenants in respect of Hal Plot No. 615/1346 under Khata No. 572 of village Madhupatna of Cuttack town (hereinafter referred to as 'disputed land').

2. The brief facts giving rise to the present writ petition may be stated thus :

During Settlement operation Hal Plot No. 615 having area of Ac. 0.248 dec. (the disputed land being part of the said plot) was recorded in the names of Sridhar Mallick and Ors. with note of possession of Banamali Rout and Ors. as Sikimi tenants under Sikimi Khata No. 3. In different stages of settlement operation, the record remained unchanged. Only at the stage of settlement of rent the petitioner filed Rent Case No. 959/128 and prayed for correction of record-of-rights in respect of the disputed land alleging, inter alia, that she has purchased the same from Kanhu Charan Mallick, one of the recorded owners by registered deed of sa












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