Decided on October 04,1978



R.N.Misra, J. - (1.) This is an application for a writ of certiorari for quashing the order of the Commissioner of Land Records and Settlement (opposite party No. 1) refusing to allow the petitioners to be heard in Revision Case No. 1529 of 1968 as also the final order dated 26th of May, 1976 in the said case directing correction of the record of rights published under the Orissa Survey and Settlement Act, 1958 (Orissa Act 3 of 1959) (hereafter referred to as the 'Act').
(2.) The present proceeding relates to 14.98 acres of land out of plot No. 116/ 274 under Khata No. 46 in mauza Badatubi in the Marshaghai Tahsil of the district of Cuttack. The final record of rights in respect of these lands under the Act was published on 27-2-1966 wherein opposite parties 2 to 5 were shown to be in forcible possession of the lands. On 27-2-1968 the said opposite parties filed a revision under Section 15 of the Act for correcting the record and instead of showing the petitioners to be trespassers to record them as raiyats in respect of the same. This application of the opposite parties came to be registered as Revn. Case No. 1529 of 1968. During the pendency of this case, the Tahsildar settled the disputed properties together with some other lands with the petitioners on the footing that the lands belonged to the State Government and were available for settlement with landless people. The petitioners made an application to the opposite party No. 1 to be permitted to intervene in the pending revision case and to be given 9 hearing. By order dated 27-3-1976, the Commissioner rejected the application saying :- "Heard counsel on both sides regarding intervention. Since it appears that the interveners claim some right on the disputed land subsequently to final publication, it is clear that the interveners have no right to be impleaded as parties in this case which is concerned with the correctness of the finally published records. As such intervention is not allowed....." Thereafter on hearing the petitioners of the revision case and the State, the application was allowed and the record was corrected by directing :-- "In view of all these circumstances, I am of opinion that including plots which have been mentioned as being under the possession of petitioners 1 to 4 in Khata No. 11, a total area of 33 acres should be recorded in the names of petitioners 1 to 4. The name of petitioner No. 5 cannot be recorded as in his case there is no valid lease. Since 18.02 acres have been recorded in the names of petitioners 1 to 4, an area of 14.98 acres should be demarcated out of plot No. 116/274 under Khata No. 46 and this should be recorded in the names of petitioners 1 to 4 with an appropriate khata number. Demarcation of this 14.98 acres should be done by concerned Tahsildar and appropriate boundaries fixed. The status of the petitioners should be the same as is presently re-corded in Khata No. 11." Petitioners challenge the order refusing permission to intervene as also the final order directing correction of the record.
(3.) The opposite parties 2 to 5 have filed a counter affidavit supporting the action of the Commissioner.;

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