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2021 Supreme(Ori) 362

K.R.MOHAPATRA
Debendranath Sahoo – Appellant
Versus
Collector, Cuttack – Respondent


Advocates Appeared:
M/s. Supriya Patra, K. Rout & S. Sahoo, for the Appellant; M/s. Sailesh Das, B. Das, P. Sahoo & K.P. Mohaty, Mr. Amiya Kumar Mishra, Addl. Government Advocate, for the Respondent.

ORDER

K.R. Mohapatra, J. - Heard Ms. Supriya Patra, learned counsel for the petitioners, Mr. Sailesh Das, learned counsel for the opposite party Nos.4 to 8 and Mr. Amiya Kumar Mishra, learned Additional Government Advocate for the State-opposite party Nos. 1 to 2.

2. On the death of the opposite party No.3, namely, Smt. Shantilata Sahoo, her name has been deleted vide order dated 17.12.2020, as her legal heirs are already on record as opposite party Nos. 4 to 8.

3. The petitioners in this writ petition seek to challenge the order dated 05.04.2017 (Annexure-6) passed by the Collector, Cuttack in Consolidation Misc. Case No.9 of 2014 filed by the opposite party No.3 under Sections 34 and 35 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short, 'the Act').

4. The averments made in the writ petition reveal that the land in Khata No.469, Chaka No.577, Plot No.1048 to an extent of Ac.0.702 decimals in mouza - Betei in the district of Cuttack stood recorded in the name of one Laxmidhar Sahoo (for short, 'the case land'). The opposite party Nos.1 and 2 purchased an area of Ac.0.120 decimals from the case land vide Registered Sale Deed No.2568 dat

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