L.RATH, K.C.JAGADEB ROY
BHASKAR SWAIN AND SANATAN KHATEI – Appellant
Versus
COMMISSIONER OF CONSOLIDATION – Respondent
JUDGMENT :
L. Rath, J. - The important question relating to the interpretation of Section 51 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as 'the Consolidation Act') that falls to be decided in these casses is : whether the consolidation authorities can re-open and decide questions relating to right, title, interest and liability in land lying within the consolidation area when decision regarding such issues have already been reached by competent Revenue Courts or authorities under any local law prior to the commencement of consolidation operation in the area. Both the cases have similar set of facts giving rise to identical questions and hence are disposed of by this common judgment. The facts leading to the filing of the present applications invoking the certio rati jurisdiction may be stated. Opp. party No. 4 in both the cases is the same person She filed two objection in the Consolidation proceedings respectively registered as Objection Case No. 783 of 1975 and Objection Case No. 777 of 1969 objecting to the preparation of the record-of-rights u/s 9(1) of the Consolidation Act in fovour of the petitioners in t
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