The court resolved that the sale deed executed prior to the amendment validating such transfers was legitimate and not void, reinforcing the validity of property transactions under prior statutes.

JUDGMENT :

A.C. Behera, J.

This writ petition under Article 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the final order dated 10.01.2013 (Annexure-4) passed in Consolidation Misc. Case No.01 of 2012 under Sections 34 & 35 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short OCH & PFL Act, 1972) by the Collector-cum- District Magistrate, Jagatsinghpur (O.P.1).

2. The factual backgrounds of the matter, which prompted the petitioner for filing of this writ petition is that, the petitioner purchased A0.29 decimals Chaka land of the part of Plot No.359, Chaka No.251 under Consolidation Khata No.94 in Mouza Balarampur under Kujang Tahasil in the district of Jagatsinghpur from its recorded owners i.e. Swornalata Mohanty, Manorama Mohanty through Registered Sale Deed No.3053 dated 05.12.2011, to which, one Kailash Chandra Mohanty challenged by filing Consolidation Misc. Case No.01 of 2012 before the O.P.1 (Collector, Jagatsinghpur) against the petitioner and his vendors praying for a declaration that, the sale deed No.3053 dated 05.12.2011 executed in favour of the petitioner as void on the ground that, the sold land being less than one acre i.e. A0.29 decimals is a fragment and the petitioner in Misc. Case No.01 of 2012 i.e. Kailash Chandra Mohanty is the owner of the adjacent chaka of Chaka No.251 (from which A0.29 decimals has been sold), for which, the vendors of sale deed No.3053 should have sold the same to him (Kailash Chandra Mohanty) as per law, but they (vendors of R.S.D. No.3053 dated 05.12.2011) have not done so. For which, the R.S.D. No.3053 dated 05.12.2011 is to be declared as void.

3. After hearing from both the sides, the Collector-cum-District Magistrate, Jagasinghpur allowed that Consolidation Misc. Case No.01 of 2012 filed by Kailash Chandra Mohanty (O.P.2 of this writ petition) as per its final order dated 10.01.2013 (Annexure-4) holding that, the transfer of part Chaka No.251 i.e. A0.29 decimals being less than one acre through R.S.D. No.3053 is in contravention of the provisions of Section 34 of the O.C.H. & P.F.L Act, 1972, for which, the sale deed No.3053 dated 05.12.2011 executed by the vendors in favour of Chittaranjan Palei (petitioner) is declared as illegal and void.

4. The O.P.3 of that Consolidation Misc. Case No.01 of 2012 (vendee of the sale deed) challenged that final order passed on dated 10.01.2013 (Annexure-4) by the Collector-cum-District Magistrate, Jagasinghpur by filing this writ petition.

5. I have already heard from the learned counsel for the petitioner, the learned Addl. Standing Counsel for the State (opposite party No.1) and the learned counsel for opposite party No.2.

6. 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 the said newly inserted Section 36A is as follows:-

“Section 36A- Any transfer or partition of agricultural land in a locality creating fragmentation made under the Principal Act before the commencement of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Act, 2023, shall be treated as valid:

Provided that cases where any eviction has been made by the Collector under sub-Section (2) of Section 35 of the Principal Act as omitted in this Act shall not be reopened.”

Taking into account the above omissions and insertions in the Statute Book i.e. The OCH & PFL Act, 1972 as per Notification No.2910 d