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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.R.SARANGI, MURAHARI SRI RAMAN
Bipin Bihari Hazira – Appellant
Versus
Tahasildar, Chandabali – Respondent
| Table of Content |
|---|
| 1. factual background of land possession (Para 2) |
| 2. arguments regarding claims to khasmahal land (Para 3 , 4 , 5) |
| 3. court's review of evidence and authority actions (Para 6 , 7) |
| 4. failure to exercise statutory power by tahasildar (Para 8) |
| 5. conclusion and order to remand case (Para 9 , 10) |
JUDGMENT :
B.R. SARANGI, J.
The petitioner, by way of this writ petition, seeks to quash the order dated 03.03.2017 passed in Khashmahal Case No. 01 of 2016 under Annexure-4, by which the Tahasildar, Chandabali has dropped the said case by recording that as the case land has been transferred to A.J.A. (Abad Jogya Anabadi) Khata for inability of parties to produce relevant document, it cannot be settled.
2. The factual matrix of the case, in brief, is that the land in question situated in Chandabali village under khata no.127, plot no.517, measuring an area Ac.0.13 decimals and plot no.516 measuring an area Ac. 0.04 dec. totalling an area of Ac. 0.17 dec. was under the possession of the grandfather of the present opposite party nos. 2 to 5, namely, Late Hari Hazira. The possession over the case land by Hari Hazira stands reflected in the Khasmahal register. After the death of Hari Hazi
The Tahasildar failed to follow proper procedures under the Orissa Government Land Settlement Act for settling Khasmahal land, necessitating a remand for reconsideration.
Khasmahal leases confer permanent rights to lessees, including renewal and transferability, and recording of leased land in government khata is impermissible if prior rights exist.
The court emphasized the importance of providing an opportunity to be heard in settlement processes and upheld the validity of the documents presented by the petitioners.
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....
The main legal point established in the judgment is that the Collector's duty is to act in conformity with the provisions of law and that the possession of the land for more than five years satisfies....
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.
Burden of proof - Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist.
Revenue authorities lack jurisdiction to determine land title disputes, which must be settled in civil courts, rendering related appeals maintainable under proper legal challenges.
Settlement authorities cannot override confirmed property rights without lawful authority; Judicial review ensures adherence to due process in land ownership disputes.
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