Birendra Nath Das v. State
Case brief
What is this about?
This is an appeal against lower court decrees dismissing a suit for declaration of occupancy right over forest land ruled as government land. The High Court found no substantial question of law and dismissed the appeal.
What did the court decide?
The appeal was dismissed.
What the court decided
HIGH COURT OF ORISSA: CUTTACK
R.S.A.No.48 of 2006
From a judgment and decree dated 14.9.2005 and 24.9.2005 respectively passed by learned Additional District Judge Kendrapara in R.F.A.No.31 of 2003/02 of 2009 confirming the judgment and decree dated 15.7.2003 passed by the learned Civil Judge (Sr.Division), Kendrapara in Title Suit No.221 of 1986.
| Birendra Nath D | as and others …. |
Appellants |
|---|---|---|
| Versus | ||
| State of Orissa | and others …. |
Respondents |
| For Appellants -- |
Mr.D.P.Mohanty Advocate |
|
| For Respondents -- | Mr.P.C.Panda, Addl.Govt.Advocate |
J U D G M E N T
PRESENT:
THE HONOURABLE DR. JUSTICE A.K.RATH Date of Hearing & Date of Judgment: 02.12.2016
DR.A.K.RATH, J. This is an appeal against the judgment and decree dated 14.9.2005 and 24.9.2005 respectively passed by learned Additional District Judge, Kendrapara in R.F.A.No.31 of 2003 confirming the judgment and decree dated 15.7.2003 passed by the learned Civil Judge (Sr.Division), Kendrapara in Title Suit No.221 of 1986.
Issues for consideration
2 issues framed by the court
Whether the appellants have established occupancy right over the suit land recorded as forest.
Whether the appellate courts below arrived at a finding different from the material evidence on record.
Parties & counsel
- appellant
Birendra Nath D, As and others
- respondent
State of Orissa
Coram
A.K. Rath
Case details
As recorded by the court registry
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