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IN THE HIGH COURT OF ORISSA AT CUTTACK

OJC No. 9002 OF 1995

Sri Sukadev Nayak and others

&.

Petitioners

Mr. Bibhu Bhusan Rath, Advocate

-versus-

Sri Charan Nayak and others

&.

Opp. Parties

Mr. Dillip Kumar Mishra

Additional Government Advocate

(for Opp. Party Nos. 3 and 4)

Mr.Aurovinda Mohanty,Advocate

(for Opp. Party Nos.1 to 3)

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

28.03.2022

40.

1.

This matter is taken up through hybrid mode.

2.

The Petitioners in this writ petition seek to assail the

order dated 18^th March, 1993 (Annexure-7) passed by the

Revenue Officer-cum-Tahasildar, Binjharpur - Opposite Party

No.3 in O.L.R. Case No.4 of 1998 filed by the Opposite Party

Nos. 1 and 2 under Section 9(1) of the Orissa Land Reforms

Act, 1960 ( hereinafter referred to as 8the Act9).

3.

The original Opposite Party Nos.1 and 2, namely,

Sricharan Nayak and Haricharan Nayak (hereinafter referred to

as 8the Claimants9) filed a petition under Section 9(1) of the Act

before Revenue Officer claiming that they were raiyats under

the original Petitioners, namely, Sukadev Nayak, Basudev

Nayak, Sahadev Nayak, Golakh Nayak, Kunja Behari Nayak

and Sudarsan Nayak (hereinafter referred to as 8the landlords9)

of Mouza Gamu under Binjharpur Tahasil (now under Bari

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Tahasil) in the district of Cuttack (now in the district of Jajpur)

in respect of Khata No.251 under Plot No.1401 to an extent of

Ac.0.64 decimals out of Ac.1.11 decimals. As such, the

claimants filed application under Section 9(1) of the Act to

declare them as raiyats in respect of the Ac.0. 07.5 decimals out

of Ac.0.15 decimals in Plot No.919 and Ac.0.08.5 decimals out

of Ac.0.17 decimals in Plot No.929 under Khata No.134 of the

said mouza over which they claimed to have constructed their

dwelling house. Initially the Opposite Party No.3 allowed the

petition vide order dated 13^th May, 1988 declaring the claimants

to be raiyats of the landlords in respect of an area measuring

Ac.0.04.5 Kadi of Plot No. 919(P) under Khata No.134 situated

in Mouza Gamu. Assailing the same, the claimants moved this

Court in O.J.C. No.3087 of 1989 to declare them as raiyats in

respect of rest of the land. This Court allowed the writ petition

vide order dated 20^th October, 1992 holding as under;

<In the aforesaid premises we quash the orders

of the Revenue Officer underAnnexure-8 and 9 and

remit the matter to the Revenue Officer for re-inquiry

and re-disposal in accordance with law. It is open for

the Opposite Parties Nos. 3 to 8 to raise an objection

that the Petitioners are not entitled to any settlement

as they are not tenants under the Opposite Parties in

respect of any other land in the village and if such a

contention is raised, it will be dealt with by Revenue

Officer in accordance with law.

The writ application is allowed. There will be

no order as to costs.=

Thus, the matter was remitted back to the Revenue Officer-

cum-Tahasildar, Binjharpur for fresh adjudication of the

petition filed by the claimants under Section 9(1) of the Act.

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4.

It appears from the record that although the landlords

(opposite party Nos. 3 to 8 in OJC No.3087 of 1989) were

given opportunity to file objection against settlement of

Ac.0.04.5 Kadi in favour of the claimants, but they failed to file

any objection. However, the Revenue Officer proceeded with

the matter and passed the impugned order dated 18^th March,

1993 under Annexure-7. Hence, this writ petition has been filed

by the predecessors of the Petitioners.

5.

During pendency of the writ petition, the Petitioner Nos.

1 to 3 and 5 died and they were substituted by their legal heirs.

Likewise, the Opposite Party Nos.1 and 2 als