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2022 Supreme(Ori) 742

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.MURALIDHAR, R.K.PATTANAIK
Sukumari Mohanty – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioners:Mr. S.S. Das, Senior Advocate
For the Respondents:Mr. D.K. Mohanty, AGA Mr. S. Palit, Senior Advocate

Table of Content
1. petitioners' claim of tenancy and its historical background. (Para 1 , 2 , 3)
2. opposing arguments regarding tenancy proof. (Para 4 , 5 , 6)
3. assessment of documents related to tenancy. (Para 7 , 8 , 9)
4. court's analysis regarding tenancy requirements and delay. (Para 10 , 11 , 12 , 13 , 14 , 15)
5. decision to dismiss the writ petition. (Para 16)

JUDGMENT :

1. Invoking the writ jurisdiction under Article(s) 226 and 227 of the Constitution of India, 1950, the Petitioners have knocked the portals of this Court assailing the impugned order dated 29th July, 1995 (Annexure-11) passed in O.E.A. Revision Case No.16 of 1994 by the learned Member, Board of Revenue, Orissa, Cuttack, namely, OP No.5 for having confirmed order dated 23rd November, 1983 (Annexure-4) passed by the OEA Collector- cum-Tahasildar, Bhubaneswar, namely, OP No.4 in OEA No.66 of 1993 rejecting their predecessor’s claim for acceptance of rent as a tenant under the State Government on the ground that the decision is per se illegal, perverse and without jurisdiction.

3. The case of the Petitioners in brief is that the schedule property originally belonged to the Kanika State and its ex-Zamindar granted p

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