JUDGMENT :

K.R.Mohapatra, J.

1. This matter was heard through Hybrid mode.

2. Order dated 18th June, 1997 (Annexure-3) in RP No.4105 of 1994 filed by the Petitioner 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 Petitioner as an under-raiyat 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, the name of one Mohan Samantaray, the father of Prana