Advocates:
['M/S N C PATI', '', 'A K MOHAPATRA', 'S MISRA', 'A DAS', 'S TRIPATHY']

Page 1 of 9

ORISSA HIGH COURT : C U T T A C K

O.J.C. No.14572 of 1999

An application under Article 227 of

the Constitution of India, 1950

In O.J.C. No.14572 of 1999

Bhikari Charan Baral

: Petitioner

-Versus-

Balamukunda Swain & Anr.

: Opposite Parties

For Petitioner

: M/s. N.C. Pati,

S. Mishra,

S. Tripathy

For Opposite Party No.1

: None

For Opposite Party Nos.2 to 4

: Mr. S.P. Panda,

Addl. Govt. Adv.

W I T H

In O.J.C No.14539 of 1999

Bala Baral & Ors.

: Petitioner

-Versus-

Saroj Kumar Swain & Ors.

: Opposite Parties

For Petitioner

: M/s. N.C. Pati,

S. Mishra,

S. Tripathy

For Opposite Party No.1

: None

For Opposite Party Nos.2 to 4

: Mr. S.P. Panda,

Addl. Govt. Adv.

// 2 //

Page 2 of 9

W I T H

In O.J.C No.14570 of 1999

Bala Baral & Ors.

: Petitioner

-Versus-

Balamukunda Swain & Anr.

: Opposite Parties

For Petitioner

: M/s. N.C. Pati,

S. Mishra,

S. Tripathy

For Opposite Party No.1

: None

For Opposite Party Nos.2 to 4

: Mr. S.P. Panda,

Addl. Govt. Adv.

W I T H

In O.J.C No.14571 of 1999

Banamali Bhoi

: Petitioner

-Versus-

Balamukunda Swain & Ors.

: Opposite Parties

For Petitioner

: M/s. N.C. Pati,

S. Mishra,

S. Tripathy

For Opposite Party No.1

: None

For Opposite Party Nos.2 to 4

: Mr. S.P. Panda,

Addl. Govt. Adv.

// 3 //

Page 3 of 9

J U D G M E N T

CORAM :

JUSTICE BISWANATH RATH

Date of hearing & judgment : 08.03.2022

1.

Since all these writ petitions involve a common issue, this Court

entering into common argument with consent of parties involved, takes

up the O.J.C. No.14572 of 1999 as the main case and disposes of all the

writ petitions by the following order:-

2.

The writ petition bearing O.J.C. No.14572 of 1999 involves a

challenge to the order of the revisional authority vide Annexure-3 in

exercise of power U/s.36(I) of the O.C.H. & P.F.L. Act, 1972. All the

writ petitions are decided analogously for involving a challenge to

common revisional order vide Annexure-3 therein.

3.

Background involved in this case is that the Petitioner in O.J.C.

No.14572 of 1999 herein filed Consolidation Revision Case No.1881 of

1993 before the learned Commissioner Consolidation for recording his

name on the basis of a sale deed existing involving the disputed land and

similarly other purchasers in respect of the other land also filed revision

case nos.1880/1882 & 1883 of 1993 also praying therein to record their

names in respect of their purchased land. The learned Commissioner upon

hearing all the parties remanded all the aforesaid cases by a common

order to the original authority for undertaking appropriate exercise. This

writ petition presently involves one such case registered as R.R.P.

No.1882/93 initiated U/s.37(2) of the O.C.H. & P.F.L. Act, which

appears to have been heard alongwith R.R.P. Nos.1881/93, 1880/93,

1883/93 and 1884/93 involving other writ petitions and decided

// 4 //

Page 4 of 9

analogously. From the order dated 13.07.1994 at Annexure-1 this Court

finds, in Revision Petition No.1881/93 the objector-Petitioner claimed for

recording of Ac.0.25 dec. of land i.e. part of Ac.0.24 dec. of land from

plot no.87, claimed to have been purchased on the basis of the R.S.D.

No.152 dt.15.1.1985. The Opposite Parties entering into such application

challenged the claim of the Petitioner for change in the recording on the

basis of the sale deed on the premises that since the sale deed did not

involve passing of consideration money, the same remains void and as a

consequence claim of the Petitioner has no foundation. This was also the

case involved in all such proceedings involved herein.

Considering the rival contentions of the parties and taking note of

existence of sale deed, the Original Authority answering on the objection

of the Opposite Parties therein to the objection cases involved vide

common disposal, came to observe that in the existence of the sale de