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1999 Supreme(Ori) 382

R.K.PATRA, PRADIPTA RAY
MANAS RANJAN DAS – Appellant
Versus
CONSOLIDATION OFFICER – Respondent


Advocates Appeared:
R.K. Mohapatra, B. Routray, S.K. Kanungo, B. Parida, B. Sarangi, A.K. Baral, Amiya Kumar Mohanty, Subrat Kumar Mohanty, S. Mohanty, S.K. Das and M.K. Das, Bijay Pal, A.K. Mishra, P.C. Panda, S.K. Ojha and P. Das, for the Appellant; Govind Das in O.J.C. No. 12995/1996, O.J.C. No. 2837/1997, S.K. Padhi in O.J.C. No. 12995/1996, O.J.C. Nos. 405 and 2837/1997, Deepali Mohapatra in O.J.C. No. 12995/1996, O.J.C. Nos. 405 and 2837/1997, S. Parida for O.Ps. 4 and 5 in O.J.C. No. 12995/1996, O.J.C. Nos. 405 and 2837/1997, G.C. Patnaik, S.R. Patnaik, N.P. Parija, S. Mohanty, K.K. Jena, L. Misra for O.Ps. 13 and 14, A.G.A. for O.Ps. 1 and 2 B.K. Sahoo for O.Ps. 9(a) and (b) in O.J.C. Nos. 405 and 2837/1997, Subrata Mohanty, Siva Mohanty and Santosh Kumar Das for O.P. 11, for the Respondent

JUDGMENT :

R.K. Patra, J. - Messrs Modern Fabricators and Smt. Arati Mohanty who are two of the opposite parties in these writ petitions, filed an application (vide R.C.No. KR 114 of 1995) u/s 37(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short, 'the Act') before the Commissioner, Consolidation, Orissa, Bhubaneswar. By a speaking order dated 18.10.1996 the Commissioner has admitted the said revision for hearing on merits. The writ petitioners, who are arrayed as opposite parties in the said revision, have filed these three writ petitions challenging the aforesaid order. According to the petitioners, the Commissioner erred in exercise of his jurisdiction in admitting the revision and he ought to have rejected it at the threshold.

2. In order to appreciate the contention of the counsel for parties, it is necessary to refer to the previous litigation between the parties which came to be decided in the common judgment of this Court in Modern Fabricators, firm and Others Vs. Rajendra Harichandan and Others, .

3. FACTS :

The disputed land measuring Ac. 3.200 decimals appertaining to plot No. 55/1877 is located in mouza Patrapada. One Abhi




















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