Advocates:
['M/S R K KAR', 'M/S DAYANANDA MOHAPATRA', 'M MOHAPATRA', 'M R PRADHAN', 'J M BARIK', 'P K SINGHDEO', '', 'M K SWAIN', 'M SAHU', 'S K NAYAK', 'M/S B H MOHANTY', 'M/S G M RATH', 'A S MOHANTY', 'S JENA', '', 'J K BASTIA', 'B DAS', 'D P MOHANTY', 'S C MOHANTY', 'R K NAYAK', 'J K MOHANTY']

AHO 34 of 2000 Page 1 of 34

IN THE HIGH COURT OF ORISSA AT CUTTACK

AHO No.34 of 2000

Orissa State Housing Board,

Bhubaneswar

….

Appellant

-versus-

Sebati Dei @ Routray (since dead)

represented by her LRs.

….

Respondents

Appeared in this case:

For Appellant

:

Mr. Dayananda Mohapatra,

Advocate

For Respondents

:

Mr. G. M. Rath, Advocate

CORAM:

THE CHIEF JUSTICE

JUSTICE R. K. PATTANAIK

JUDGMENT

10.05.2022

Dr. S. Muralidhar, CJ.

1. This appeal by the Orissa State Housing Board (OSHB),

Bhubaneswar is directed against an order dated 19^th November,

1999 passed by the learned Single Judge of this Court in First

Appeal (FA) No.260 of 1997. By the said impugned judgment, the

learned Single Judge set aside the judgment dated 7^th August,

1997 passed by the learned Civil Judge (Senior Division),

Bhubaneswar in Original Suit (O.S.) No.333 of 1993–I filed by

the present Appellant as a Plaintiff against the Respondent

AHO 34 of 2000 Page 2 of 34

No.1/Defendant No.1 (who was the Appellant in FA No.260 of

1997).

Background facts

2. The aforementioned suit had been filed by the OSHB for a

declaration of title in respect of land admeasuring Ac.7.500

decimal in District Khurda, Mouza Chandrasekharpur [which is

now within the Bhubaneswar Municipal Corporation (BMC)

limits] under Sabak Khata No.303, Plot No.218, out of a larger

area of Ac. 184.018 dec of a 1931 settlement which corresponds

to Sabak Khata No.472 Plot No.258 and which further

corresponds to Hal Khata No.619 Plot No.258/2020 (hereafter

‘the land in question’).

3. The case of the Appellant is that the land in question was

Kisam ‘Jhati Jungle’ as recorded in the Record of Rights (RoR).

Initially in 1931, it belonged to one Sri Madhusudan Deb, the

Raja of Patia and was subsequently vested in the State upon the

coming into force of the Orissa Estate Abolition Act (‘OEA Act’).

It is stated that since no tenant induction document was filed, the

State Government became owner and possessor of the land in

question. Subsequently an order dated 4^th January, 1954 was

issued by the State Government whereby all Khasmahal lands

were transferred from the State Government to the Cabinet

Department [initially termed as Political and Service (P and S)

Department and later as G.A. Department (Respondent No.5)].

AHO 34 of 2000 Page 3 of 34

Thus the G.A. Department had control over the land in question

since 1954. It is claimed by the Appellant that during the 1974

settlement, the land in question was recorded in the name of the

G.A. Department.

4. Subsequently, by Notification No.773/72 dated 25^th November

1972, all the Government lands included in Bhubaneswar Tahasil

were transferred to the management and control of Respondent

No.5 including the land in Plot No.218. Later, Ac.31.982 decimal

of land appertaining to Plot No.258 and 258/2020 was transferred

to the Appellant under Allotment Order No.8318 on 29^th April,

1989. The land was to be utilized by the OSHB for construction

and sale of houses to individuals in the Lower Income Group

(LIG) Housing Scheme. The OSHB was required to pay a

premium of Rs.63,96,400/- to the State Government within 60

days from the date of the aforementioned order. Possession of the

land consequent upon demarcation of the allotted area was to be

made only after payment of premium and execution of the lease

deed. Respondent No.1 filed a writ O.J.C.No.3181 of 1989 before

the Hon'ble High Court and obtained a stay of construction in Plot

No.258/2020.

T.S. No. 5 of 1988

5. As far as Respondent No.1 is concerned, she filed Title Suit

(TS) No.5 of 1988 as inform