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2023 Supreme(Ori) 302

IN THE HIGH COURT OF ORISSA AT CUTTACK
ARINDAM SINHA, SANJAY KUMAR MISHRA
Harekrushna Panda – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.K. Satapathy, Advocate
For the Opposite Parties : Mr. A.K. Nanda, AGA

Table of Content
1. petitioners challenge tahsildar's order (Para 1)
2. petitioners assert legal heirship and prior settlements (Para 2 , 3)
3. state argues inchoate status of land (Para 4)
4. court's analysis of settlement procedures (Para 5 , 6)
5. impugned order lacked jurisdiction under applicable regulations (Para 7)
6. writ petition allowed, quashing of prior order (Para 8 , 9)

JUDGMENT :

ARINDAM SINHA, J.

1. Petitioners have moved this court for interference with order dated 25th August, 2018 made by the Tahsildar directing correction of ROR for the case land to be kept under Abadijogy Anabadi Khata, after confirmation of the order by the Sub-Collector.

2. Mr. Satapathy, learned advocate appears on behalf of petitioners and points out from impugned order itself that the authority found his clients to be legal heirs of the recorded tenant (RT), as are in possession over the case land. On query from Court Mr. Satapathy draws attention to circular dated 6th December, 2000 issued by Government of Odisha, Revenue Department, clause (ii) under paragraph 3. Said clause empowers the officer, nominated by the Collector, to institute suo motu cases for all the Bebandobasta holdings, village a

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