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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Laxmipriya Choudhury – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. necessity of proper land records for legal possession. (Para 1 , 2 , 3) |
| 2. petitioners' challenge to the rejection based on non-production of records. (Para 4) |
| 3. possession and official records in land disputes are crucial. (Para 5 , 6) |
| 4. court's order to rectify records in favor of petitioners. (Para 7 , 8 , 9) |
Judgment :
A.C. Behera, J.
This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the final order dated 25.11.2022 passed by the Revenue Divisional Commissioner (Central Division), Cuttack (O.P.2) in R.P. No.137 of 2021.
2. The factual backgrounds of this writ petition, which prompted the petitioners for filing of the same is that, the petitioners are both wife and husband respectively. The case land is Ac0.04 decimals i.e. Hal Plot No.182 under Hal Khata No.510 in Mouza Puruna Baripada under Gopabandhu Nagar Tahasil, P.S.-Khunta in the district of Mayurbhanj, which corresponds to Sabik Plot No.107 and Sabik Khata No.401.
3. The case land measuring an area Ac0.04 decimal was leased out by the Tahasildar, Gopabandhu Nagar (O.P.4) in favour of the petitioners as per Le
The non-production of lease records by authorities cannot preclude rights of possession established through long-term lease agreements.
Settlement authorities cannot alter confirmed land assignments without legal basis, emphasizing the need to respect prior land grants and judicial confirmations.
The court confirmed that established land settlements must be respected and that authorities cannot alter classifications of land previously settled without valid justification under law.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
An order made without jurisdiction is void and cannot be sustained; ownership rights established must be recognized despite conflicting authority actions.
Property cannot be claimed without valid documentation of acquisition and transfer; dispossession without due process violates constitutional rights.
An order made without jurisdiction is null and void, reinforcing the established property rights in land ownership disputes under the Odisha Survey and Settlement Act, 1958.
Settlement authorities' orders do not confer or extinguish title to property; parties retain the right to establish ownership through legal proceedings.
The court upheld that concurrent findings of fact by lower courts should not be disturbed unless proven perverse, reinforcing the principle that claims related to property must be initiated within th....
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