Khata No.8 measuring Ac.13.15 decimals under Kamakhyanagar Tahasil, Dist. Dhenkanal was recorded with the deity in Sabik RoR of 1923-24 and subsequently under Hal Khata No.199 of Plot Nos.1332, 1333, 1347, 2517 and 2518 measuring an area of Ac.12.77 decimals and the status of the land was bebandobasti since rent had not been fixed. The Petitioner claimed that it had filed an application vide OEA Case No.117 of 1980 before the court of OEA Tribunal-cum-Additional Sub-Judge, Dhenkanal to declare the land in question as a trust estate and by order dated 28th February, 1988, the same was so declared, however, OP Nos.6 and 7 by fraudulent means managed to obtain the record of right in respect of the schedule land vide Khata No.179/49. In fact, as is contended by the Petitioner, OP Nos.6 and 7 filed OEA Case No.14 of 1991 and obtained the settlement with a favourable report of the R.I., namely, OP No.5 and without general notice, it was stage managed, which was again in its absence and therefore, considering the above facts and the fact that pendency of OEA Case No.218 of 2001 was not informed to OP No.3 which finally resulted in approval of the land settled, the impugned order dated 14th October, 2001 is required to be interfered with.
