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1990 Supreme(Ori) 297

G.B.PATNAIK, A.K.PADHI
BULA KANDI – Appellant
Versus
RADHAKANTA DEB – Respondent


Advocates Appeared:
Bijan Ray and S.B. Choudhury, for the Appellant; Addl. Standing Counsel for O.P. 4, S. Misra-2, B. Das, R.C. Rath and Satyabadi Mohanty for O.Ps. 2 and 3, for the Respondent

JUDGMENT :

A.K. Padhi, J. - The orders of appellate authority as well as the revisional authority negativing the claims of the Petitioners as the tenants (Bhagchasis) under opp. party No. 1 are challenged in this writ application.

2. The Petitioners who are ten in number sought declaration as Bhagchasis under the deity, opp. party No. 1 u/s 15(1)(b) of the Orissa land Reforms Act (hereinafter referred to as the Act'). The petitions were numbered as O.L.R. Case Nos. 1356, 1360, 1366, 1369, 1370, 1407, 1412, 1413, 1414 and 1415 of 1976. In the claim petitions the Petitioners averred that opp. party No. 1 Shri Radhakanta Deb is the owner of A. 1.31 decimals of land. Out of this A. 1.31 decimals, nine Petitioners claimed tenancy right regarding specific A. 0.13 decimals of land while one Petitioner claimed A. 0.14 decimals and prayed for such declaration. Opp. parties 2 and 3 filed objections and claimed to be Bhagchasis under the deity for the total land of A. 1.13 decimals and refuted the claim of the Petitioners.

3. All the O.L.R. cases were clubbed together and one set of evidence was adduced by both the sides, after converting the cases to one u/s 16 of the Act, as the identity of th























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