The High Court of Orissa dismissed a writ petition challenging an order by the Commissioner of Land Records which recorded disputed land in Government Khata. The court held the petitioner failed to prove prior settlement under the OEA Act.
Petition dismissed as devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12465 OF 2021
Nityananda Biswal
…. Petitioners Mr. Srikanta Mahunta, Advocate -versus-
The State of Odisha and others
…. Opp. Parties Mr. Arun Kumar Mishra, Additional Government Advocate
CORAM: JUSTICE K.R. MOHAPATRA
ORDER
Order No.
11.08.2021
This matter is taken up through hybrid mode.
Page 1 of 3
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Commissioner, however, without considering the case of the Petitioner from its proper perspective and being swayed away by the submission of Additional Standing Counsel, set aside the R.O.R. in respect of case land and directed land in question to be recorded in Government Khata under ‘Anabadi’ status. Hence, he prays for setting aside the impugned order.
Page 2 of 3
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favour under the OEA Act before the revisional court or before this Court. In that view of the matter, I find no infirmity with the impugned order under Annexure-5.
Urgent certified copy of this order be granted on proper application.
(K.R.Mohapatra) Judge
jm
Page 3 of 3
3 issues framed by the court
Whether the collector was justified in recording the land in Government Khata given the petitioner's failure to prove OEA settlement.
Whether the impugned revisional order passing out the R.O.R. was affected by any infirmity.
Whether the petitioner has discharged the onus of proving prior settlement of the land in his name.
1 provisions across 1 enactments
Nityananda Biswal
The State of Odisha
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
