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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Bhaskar Rath – Appellant
Versus
Commissioner of Consolidation-cum-Revenue Divisional Commissioner (Southern Division), Berhampur – Respondent
| Table of Content |
|---|
| 1. petition filed against revision of land consolidation orders. (Para 1 , 2) |
| 2. allegations of misrecording and service rendered by opposite parties. (Para 3 , 4) |
| 3. assessment of possession and rights by the court. (Para 5 , 6 , 7 , 8 , 9) |
| 4. error in allowing revision; court clarifies previous rulings. (Para 10) |
| 5. judgment ruled in favor of the petitioners. (Para 11 , 12) |
JUDGMENT :
K.R. Mohapatra, J.
1. This matter is taken up through hybrid mode.
2. The writ petition has been filed assailing the order dated 7th January, 2000 (Annexure-5) passed by the Joint Commissioner, Settlement and Consolidation, Berhampur in R.P. No.1034 of 1992, whereby setting aside the order dated 29th June, 1985 (Annexure-2) passed by the Consolidation Officer in Objection Case No.1647 of 1984 and order dated 6th July, 1992 (Annexure-4) passed by the Deputy Director, Consolidation, Berhampur in Consolidation Appeal Case No.2 of 1992, the revision petition filed under Section 36 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for brevity ‘the Consolidation Act’) was allowed.
3. Mr. Mantry, learned counsel for the Petitioners made a lengthy argument o
Court affirmed ownership rights of villagers based on evidence of possession and previous judgments, stating service-based claims cannot override established titles.
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Dismissal of prior suit for maintainability does not determine current rights, and failure to consider evidence results in perverse findings necessitating remand for proper adjudication.
Reliance solely on historical land ownership entries without supporting evidence from parties can lead to erroneous conclusions, requiring a reevaluation of claims based on tangible evidence.
It is worthy to note that on the death of a female bhumidhar succession to holding goes not to her heirs but to "nearest surviving heir of the last male bhumidhar". In other words it is the heirs of ....
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