The sale of agricultural land creating fragmentation is valid if made before the statutory amendment validating such transactions.

Judgment :

A.C. Behera, J.

The petitioner has approached this Hon’ble Courts through this writ petition praying for quashing the final order dated 02.04.2014 passed in Consolidation Case No.28 of 2013 under Sections 34 & 35 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short OCH & PFL Act, 1972) vide Annexure-1 by the Collector, Balasore.

2. The factual backgrounds of the matter, which prompted the petitioner for filing of this writ petition is that, the petitioner purchased A0.72 ½ decimals of chaka land of Plot No.1423, chaka No.179 under Consolidation Khata No.270 in Mouza Samasundarpur under Simulia Tahasil in the district of Balasore from its recorded owners i.e. Purna Chandra Jena and Damodara Jena with consent of their other co-sharers i.e. Binod Jena and Purusottam Jena through Registered Sale Deed No.1440 dated 31.10.2008 on payment of due consideration amount, to, which, Maheswar Dalai, Narendra Prasad Dalai and Ananta Prasad Dalai challenged the same by filing a case vide Consolidation Case No.28 of 2013 before the Collector, Balasore against the petitioner of this writ petition arraying her as opposite party No.4 along with her vendors and consentors of the Sale Deed No.1440 dated 31.10.2008 under Sections 34 & 35 of the OCH & PFL Act, 1972 praying for declaring that sale deed in favour of the writ petitioner as void and to evict her (writ petitioner- purchaser) from her above purchased Chaka land, as she has purchased the same creating fragment of Chaka No.179 without being a land owner of a contiguous Chaka, because they (Maheswar Dalai, Narendra Prasad Dalai and Ananta Prasad Dalai) are the land owners of its contiguous Chaka of the sold land from Chaka No.179.

3. After hearing from both the sides, the Collector, Balasore allowed that Consolidation Case No.28 of 2013 filed by Maheswar Dalai, Narendra Prasad Dalai and Ananta Prasad Dalai as per its final order dated 02.04.2014 (Annexure-1) holding that, the petitioner of this writ petition (who was opposite party No.4 in Consolidation Case No.28 of 2013) has purchased the properties i.e. A0.72 ½ decimals of Chaka land of Plot No.1423, Chaka No.179 under consolidation Khata No.270 through RSD No.1440 dated 31.10.2008 in violation of Section 34 of the OCH & PFL Act, 1972, for which, the said sale deed vide R.S.D. No.1440 dated 31.10.2008 is declared as void and the purchaser i.e. opposite party No.4 of that Consolidation Case No.28 of 2013 is to be evicted from the disputed land covered under the above Sale Deed No.1440 dated 31.10.2008 and directed to the Tahasildar, Simulia to evict her (opposite party No.4 in Consolidation Case No.28 of 2013) from the disputed land forthwith.

The opposite party No.4 of that Consolidation Case No.28 of 2013 challenged that final order passed on dated 02.04.2014 (Annexure-1) by the Collector, Balasore by filing this writ petition against the Collector, Balasore arraying him as opposite party No.1 along with the petitioners and opposite party Nos.1 to 3 in that Consolidation Case No.28 of 2013 as opposite party Nos.2 to 7.

4. I have already heard from the learned counsel for the petitioner, the learned Addl. Standing Counsel for the State (opposite party No.1), learned counsel for opposite party No.7 and learned counsel for opposite party Nos.5 & 6.

5. As per the Odisha Gazette Notification No.2910 dated 29.12.2023, Chapter-V of OCH & PFL Act, 1972 relating to Prevention of Fragmentation containing Sections-33, 34 & 35 has already been omitted from the Statute Book of The OCH & PFL Act, 1972 and a new Section as Section 36A has been inserted into the said Statute Book i.e. OCH & PFL Act, 1972 and t