The finality of orders and the impact of previous declarations on land rights were central to the judgment.

JUDGMENT :

K.R.Mohapatra, J.

1. This matter was heard through Hybrid mode.

2. Order dated 24th February, 1997 (Annexure-3) in RP No.4100 of 1994 filed by the Petitioners under Section 15(b) of the Odisha Survey and Settlement Act, 1958 (for short, ‘the Settlement Act’) is under challenge in this writ, whereby the Commissioner, Land Records and Settlement, Odisha, Cuttack-Opposite Party No.1 refused to record the land in Hal Khata No.2 comprising 1292 plots to an extent of Ac.238.81 decimal situated in mouza Bhagadharia under Narsinghpur tahasil in the district of Cuttack (for short, ‘the case land’) in the name of the Petitioners as under-raiyats under deity Sri Raghunath Jew Bije at Paikapadapatna under the said tahasil.

3. Case of the Petitioners as revealed from the case record is that Sabik ROR in respect of the case land was published on 01.01.1919 in which deity Sri Raghunath Jew-Opposite Party No.4 (for short, ‘the deity’) was recorded as tenant under landlord ‘Rajsarkar’, i.e., the erstwhile Narsinghpur Fiduciary Estate. The status of the case land was Debottar Niskar (rent free endowment). In the remarks column of the said ROR, one Baisahnab Subudhi, was reflected as ‘Chasi’. The Petitioners are successor-in-interest of said Baishnab Subudhi. In the R.K.Ramadhanyani’s report of land tenure, there is mention of revenue history and settlement of Narsinghpur Estate. The report on ‘Completion of the Settlement of Land Tenure of the Narsinghpur Feudatory State’, at page-18 on the subject ‘Raiati Tenure’ stipulates that “No Sakim is allowed. All the tenants are direct tenants. In such cases only where Sakim right has been acknowledged in previous settlement or by long possession that has been allowed to stand. Now Sakim is allowed in case of Devotar land, Service Jaigir and of lands of aboriginals. Brahmotar tenures have larger number of Sakim tenants. In all there are 475 Sakim holdings of which 211 under Brahmotar tenure. The original royats cannot claim more than 50 percent over the settlement rent from the Sakim tenant nor can evict them from their lands without the orders of the Court.” The predecessor-in-interest of the Petitioners was recorded as a ‘Chasi’ in the previous settlement in the year 1919. Narsinghpur Tenancy and Revenue Rules (for short, ‘Tenancy Rules’) came into force with effect from 1st August, 1938. Sub-rule 4(d)(i) of Rule 5 of the said Rules states that Sakim tenant, Chasi and Sakim Chasi should be a under-raiyat. Further, as per Rule 27(1), the holding of an under-raiyat shall be descended in the same manner as other immovable property unless there is anything to the contrary in the agreement between the under raiyat and his superior raiyat. As such, the predecessor-in-interest of the Petitioners, namely, Baishnab Subudhi being recorded as a ‘Chasi’ in the ROR published in the year 1919, he had acquired occupancy right over the case land. After his death, the Petitioners have inherited the said right. In the case of Utchhab Narendra Vs. Gopinath Dev, reported in 36 (1970) CLT 218, it is held that Sikimi tenants of Devotar land have occupancy right in Badamba, a neighbouring State of Narasinghpur estate. They are deemed raiyats within the meaning Section 4(1)(d) of Odisha Land Reforms Act, 1960 (for short, ‘the OLR Act’).

4. After coming into force of the OLR Act, ROR published under Annexure-1 stood validated as per Section 38 of the Settlement Act after it came into force with effect from 24th January, 1959. As such, the entry made therein has presumptive value as per Section 13 of the said Act. Rule 21 (1) of Odisha Survey and Settlement Rules, 1962 (for short, ‘the Settlement Rules’) provides that the name of each tenant or occupant shall be recorded in the ROR. In the case of Smt. Sarala Kumari Rath Vs. Khati Rout and others, reported in 2000 (II) OLR 363, it is held that the person in personal cultivation of any land recorded as sub-tenant or under-raiyat in the ROR under law in force in any part