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2021 Supreme(Ori) 318

K.R.MOHAPATRA
Ashok Kuamar Nayak – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
Sailabala Jena, Advocate, K. Badhei, Advocate, A. Sahu, Advocate, S. Mohanty, Advocate, Amiya Kumar Mishra, Advocate

JUDGMENT

K.R. Mohapatra, J. - The Petitioners, in this writ petition, pray for setting aside the order dated 30th September, 2019 (Annexure-4) passed by the Tahasildar, Barbil-Opposite Party No. 3 in Land Holding Certificate Case No. 6 of 2019 and also to direct the Tahasildar, Barbil to issue Land Holding Certificate in their favour for sale of immovable property recorded in the name of their predecessor, namely, Jogeswar Nayak.

2. It reveals from the averments made in the writ petition that the petitioners are members of Scheduled Tribe community and successors of one Jogeswar Nayak, who was the owner in possession of Plot No.1000/2646 to an extent of Ac. 0.030 decimals and Plot No.1000/2257 to an extent of Ac.0.050 decimals under Khata No. 458/655 Kissam Taila- II of Village- Barbil, Word No. 7, under Tahasil-Barbil in the district of Keonjhar (for short 'the case land'). The case land is the self-acquired property of said Jogeswar Nayak. In order to meet the expenses of treatment of petitioner No.6, the widow of Jogeswar and mother of petitioner Nos.1 to 5, the petitioners applied for a Land Holding Certificate under the provisions of Orissa Scheduled Area Transfer of Immovable P

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