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2022 Supreme(Ori) 151

BISWANATH RATH
Batakrushna Sahoo – Appellant
Versus
Commissioner, Consolidation, Odisha, Bhubaneswar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.A.P.Bose, N.Hota, S.S.Routray, V.Kar, D.J.Sahoo, S.S.Dash & T.K.Ghose.
For the Respondent: Mr.Sonak Mishra, Addl. Standing Counsel.

JUDGMENT :

Biswanath Rath, J.

This writ petition involves a challenge to the quashing of orders under Annexures-1 and 2 and thereby affirming the order under Annexure-3.

2. Factual background involved in the case is that all the proceedings involved herein have been exercised by the competent authority under the provision of the Orissa Consolidation of Holdings & Prevention of Fragmentation of Land Act, 1972 (for short “The Act, 1972”). These proceedings have also a bearing in the W.P.(C).Nos.4603, 4604, 4605, 4606 and 4608 all are of 2016 involving similar set of objection cases from very beginning. Fact reveals, initially 5 objection cases i.e. Objection Case Nos.2512, 1511, 2395, 2475 and 2629 all of 1981 were filed under Section 9 (3) of the Act, 1972 as seen from Annexure-2 involving the writ petition. Except one objection case i.e. Objection Case No.2395 filed by one Kasinath was partly allowed, all others were rejected. As a consequence of disposal of all 5 objection cases with allowing one objection case, 5 appeals under Section 12 of the Act, 1972 were filed. All the 4 appeals were allowed. This case however involves Appeal Case No.522 of 1981 arising out of Objection Case No

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