JUDGMENT :

BISWANATH RATH, J.

1. This Writ Petition involves a challenge to the order vide Annexure-1 passed by the Commissioner, Land Records and Settlement, Orissa, Cuttack in a proceeding U/s. 32 of the Odisha Survey and Settlement Act, 1958 hereinafter in short be called as “the Act, 1958” vide R.P. Case No. 2399 of 1998, arises out of the order dated 28.1.1998 passed by the Additional Settlement Officer-opposite party no. 2 in Appeal Case No. 2871 of 1997 vide Annexure-2.

2. Short background involved in this case is that the petitioner as well as opposite party nos. 4 and 5 are governed by the Mitakhara School of Hindu Law and are related to each other. They remained in jointness involving the property up to 1972. The suit land relates to village Swainkhanda, P.S. Binjharpur, Hal Khata No. 564, Hal Plot No. 4508, area Ac. 0.28 corresponding to Sabik Plot No. 3594 under Sabik Khata No. 404 and it stood recorded in the name of Bhagabat Pani. Thus, the said land is the ancestral joint family property of the parties. During the settlement operation “Parcha Slips” were also issued in favour of the petitioner and opposite party nos. 4 and 5 jointly along with other lands. The opposite