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2023 Supreme(Ori) 88

BISWANATH RATH
Ajaya Kumar Pani – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
G. Mukherji, Advocate, P. Mukherji, Advocate, S. Patra, Advocate, A. Ch. Panda, Advocate, S. Mishra, Advocate

JUDGMENT

Biswanath Rath, J. - This writ petition involves a challenge to the order passed by the appellate authority as well as the revisional authority vide Annexures-8 & 9 herein.

2. Factual background as narrated and disclosed in the course of hearing appears to be, this is 3rd round of litigation by the Petitioners. Petitioners claiming to be the children of Smt. Basanta Kumari Devi the original lessee, are enjoying a lease of Ac.1.23 decimals of land under Khata No.79, Plot Nos.45, 47 & 48 in village Jamuhata in Keonjhar district being granted by the Tahasildar, Keonjhar on 19.11.1986 involving Encroachment Case No.1 of 1985-86 purely for agricultural purpose. Order passed in the Encroachment Case No.1 of 1985-86 is enclosed as Annexure-1. It is claimed that on the basis of the above order as well as the report of the Revenue Supervisor dated 16.08.1986 settlement was made in favour of the Petitioners. It is claimed that settlement was made after issuing of proclamation and invitation of objections. In a further development Rayati Patta was issued in favour of the mother of the Petitioners. Petitioners have enclosed the report of the Revenue Supervisor as well as Rayati Patta as

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