Point of Law: There can be no estoppel against law.

JUDGMENT :

S. Muralidhar, J.

1. Writ Petition (Civil) No.3687 of 2002 and the connected First Appeals and CMPs arise out of the common set of facts and accordingly they are disposed of by this common judgment.

Background Facts

2. The present case concerns acquisition of land measuring Ac.288.89 decimals in mouza Bidyadharpur in 12 numbers of different blocks under Khewat Part 3(1), which was a ‘Nijadakhal’ land of Raja Radhanath Bebarta Pattnaik under the Beheldars (intermediaries) Radhakrishna Bharati and others. The rent for the lands were purportedly paid by Raja Radhanath Bebarta Pattanaik to the three Beheldars (intermediary/ zamindars) excluding the fourth Beheldar Sri Chintamani Behera.

3. It is claimed by the Opposite Parties in the writ petition/ Respondents in the appeals, that the said land were not within the territorial jurisdiction of Athagarh Estate. It is claimed that in the instrument of merger of Athagarh Estate, the lands have not been included.

4. Due to non-payment of rents, the Beheldars Chintamani Behera and Bhagaban Das filed Rent Suit No.80 of 1958-59 in the Revenue Court against Raja Radhanath Bebarta Pattnaik for realization of rent for the years 1955-56, 1956-57 and 1957-58. The said suit was decreed on 20th January, 1959.

5. After the death of Chintamani Behera, his sons Jayaram Behera and Bhagaban Das filed Execution Case No.680 of 1958-59 against Raja Radhanath Bebarta Pattnaik for realization of rent as per the decree in their favour. In the said Execution Proceedings the aforementioned land to the extent of Ac.288.89 decimals was put to sale by public auction.

6. One Sri Baishnaba Charan Sethi of Deulasahi of Cuttack Town emerged as the highest bidder in that public auction held on 15th October, 1960 and purchased the aforementioned extent of Ac.288.89 decimals. The sale was confirmed in his favour after the statutory period. A Sale Certificate was issued in his favour on 11th April, 1961 under Order 21, Rule 94, C.P.C. On application of the auction purchaser, the Executing Court passed an order for delivery of possession under Order 31, Rule 95, C.P.C.

7. In terms of the order of the executing court, the process-server of the court delivered possession of the aforementioned land in favour of Baishnaba Charan Sethi on 17th May, 1961 in presence of the witnesses, affixing the certificate of sale of the said land and proclaiming it by drum beat that the right, title, interest and possession of the aforementioned land of Ac.288.89 decimals was transferred to the auction purchaser Sri Baishnaba Charan Sethi. A report to that effect was submitted to the executing court.

8. Thereupon Baishnaba Charan Sethi cultivated the lands and paid rents to the Tahsildar, Sadar, Cuttack with effect from 1960-61. The first payment was made in November, 1962 for the year 1960-61, 1961-62, and he kept paying rents thereafter till 1970.

9. It is stated that the property sold in the auction sale was Nijadakhal land (own possession) of Raja Radhanath Bebarta Pattnaik situated in the CDA and was not within the territorial jurisdiction of Athagarh.

10. Under the Orissa Estate Abolition Act, 1951 (OEA Act), the land in question stood vested with the Government of Odisha on 27th April, 1963 vide Notification No.27478-EA1-T/63-R, “free from all encumbrances”. All the intermediary interests were also vested with the State. It was the State who then became the owner of the lands. No application for assessing rents thereafter was filed by Sri Baishnaba Charan Sethi, the auction purchaser.

11. It appears that, on 4th April, 1970 said Baishnaba Charan Sethi applied for permission to sell a portion of the land measuring Ac.185.00 decs. for his own interest. On 31st May, 1971 permission was granted by the then Sub-Divisional Officer, Cuttack Sadar under Section 22 of the Orissa Land Reforms Act (OLR Act) permitting Sri Sethi to sell land of the extent of Ac.185.00 decs.

12. It appears that a local enquiry was conducted, and in the course of set