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2021 Supreme(Ori) 31

S.K.MISHRA
Rengutu NagZ – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s. Arjuna Charan Behera, S.P. Kar, A.K. Jesty.
For the Opposite Parties :Addl. Government Advocate, M/s. Minati Mishra, S. Mishra, T. Mishra, D.K. Mohapatra & S.N. Sahu.

JUDGMENT :

S.K. Mishra, J.

The petitioner, being a member of the scheduled category, in this writ application has challenged the order passed by the Joint Commissioner, Settlement and Consolidation, Sambalpur-opposite party no.2 in Revision Case No.52/2005 dismissing the revision application filed by the petitioner under Section 37 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the “OCHPFL Act”). In the revision application, the petitioner prayed to prepare the record of rights with respect to Hal Plot Nos.442/3 and 362 of Khata No.21 of village Dahukbudu, P.S.-Dunguripali, Dist-Sonepur on the ground that a lease has been granted by the learned Tahasildar, Rampur in his favour in O.L.R. Case No.11/1983.

2. The opposite party no.2 without entering into the merits of the claims of the petitioner disposed of the petition observing as follows:

    “It is alleged by the learned counsel for the opposite parties that the issue is related to the outcome of the result passed by the revenue authorities in O.L.R. Case No.527 of 1975 and the present O.L.R. Case No.11/1983 is a part and parcel to the main O.L.R. proceeding of the ye

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