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2022 Supreme(Ori) 139

BISWANATH RATH
Narendra Behera – Appellant
Versus
Bhramarbar Sahoo – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M/s. G. Mukherji, P. Mukherji, A.C. Panda, S. Patra
For the Respondent: Mr. T.K. Mishra, Mr. S. Ghose,

JUDGMENT :

1. This writ petition involves a challenge to the order of the revisional authority i.e. the second round of litigation.

2. Factual background involved in the first round of litigation is that for the parties attending to the revision, the Revisional Authority remitted the matter back to the Consolidation Officer for fresh adjudication of the proceeding in terms of the materials and after conducting fresh field measurement. In disposal of the proceeding the Consolidation Officer allowed the objection case finally directing preparation of record of rights in the manner disclosed at page 20 of the brief. Appeal being preferred, the same was dismissed by the appellate authority. In the revision the revisional authority appears to have reversed the order of the Consolidation Officer and directed for correction of the Record of Rights vide Annexure-5 thereby making the Opposite Party No.1 herein to be entitled to an area Ac.0.03/5 decimals out of Sabik Plot No.301 and thereby observing that there is right preparation of the map and Record of Rights published U/s.22(2) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 hereinafter in short

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