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1992 Supreme(Ori) 193

K.C.JAGADEB ROY, G.B.PATNAIK
BRUNDABAN MOHANTY – Appellant
Versus
ABAKASH ROUT – Respondent


Advocates Appeared:
S.K. Nayak and S.K. Swain, for the Appellant; S. Misra-2 and U.K. Samal and Addl. Standing Counsel, for the Respondent

JUDGMENT :

G.B. Patnaik, J. - The order of the Consolidation Commissioner, annexed as Annexnre-2, is being challenged in this writ application, inter alias. on the ground that the sale by the father of a, Hindu minor without permission of the Court being voidable and has to be avoided, the Consolidation authorities have no jurisdiction to set aside the sale deed and not to give effect, to the sale in question.

2. The disputed land measuring Ac. 0.06 decimals appertaining to plot No. 206, Khata No. 27 of Sabak Khata which corresponds to Hal Khata No. 6 and Hal Plot No. 333 of mauza Godajanga in the district of Pan Sunei Bewa, the owner of the Sand, gifted the same under a registered gift deed dated 24-5-1901 in favour of opp. party No. 1, a minor. The father of said opp. party No. 1 said the land to the petitioner under a registered sale deed dated 6-7-1966 for a consideration of Rs. 100/- and according to the petitioner's case, the sale was for purchase of another place of land. Notwithstanding the aforesaid sale by the father-guardian of opp. party No. 1, the draft Record-of-Rights was prepared in the name of opp. party No. 1. Notification u/s 4 of the Orissa Consolidation of Holdin

















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