Orissa Court June 2008 Judgments
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Sri Krushna, Chandra Patnaik Vs. Commissioner, Consolidation and ors.
Court: Orissa
Decided on: Jun-18-2008
Reported in: 106(2008)CLT568
Sanju Panda, J.1. This Writ Petition is directed against the Order Dated 12th September, 1997 passed by the Commissioner, Consolidation, Bhubaneswar in Revision Case No. 559 of 1996 confirming the Order Dated 31st August, 1996 passed by the Deputy Director, Consolidation, Puri in Consolidation Appeal Case No. 149 of 1994.2. The main contention of the Petitioner is that though the consolidation authorities have the jurisdiction to decide the dispute between the parties, they have decided the same illegally and arbitrarily and without considering the facts and circumstances of the matter. Thus, the questions to be decided in the Writ Petition are, whether the Consolidation authorities have the jurisdiction to consider a document as sham transaction which is a void document and whether the findings given by the consolidation authorities are in accordance with law.3. It appears that one Radhanath Pattanaik was an occupancy raiyat in respect of the disputed land who died unmarried. He was t...
Shyam Sundar Sahoo (Dead) and After Him, Parbati Sahoo and ors. Vs. St ...
Court: Orissa
Decided on: Jun-17-2008
Reported in: 2008(II)OLR278
B.P. Das, J.1. The petitioner-Shyam Sundar Sahoo having died during pendency of the writ petition is now represented by his legal heirs, petitioner Nos. 1/a to 1/h. However, for the purpose of convenience, I shall refer him as petitioner in the course of this judgment.2. This writ petition is directed against the order dated 15.12.1990 passed by the Commissioner of Land Records and Settlement, Orissa, under Section 32 of the Orissa Survey and Settlement Act, 1958 ('the Act' hereinafter) in R.P. No. 421 of 1990, vide Annexure-4 in which the order dated 14.8.1990 passed by the Settlement Officer, Cuttack, in Suo Motu Appeal Case No. 49 of 1990, vide Annexure-2, was set aside and the suit property was directed to be recorded in favour of Corn Processing & Co., O.P. No. 2 herein.3. Bereft of unnecessary details, the facts of the case are that not in final Hal plot Nos. 580 Ac.0.715, 578 Ac.0.515, 566 Ac.0.530, 579 Ac.0.488, 565 Ac.0.045, 564 Ac.0.118 under Khata 256 Cuttack Town, correspon...
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