BISWANATH RATH, J. - (1.) This writ petition has been filed by the petitioner assailing the orders under Annexures -3 & 4 respectively in the matter of objection case and the appeal at the instance of the petitioner passed by the competent authority in exercise of power under Orissa Survey and Settlement Act.
(2.) Short background involved in this case is that as per the R.O.R published in the year 1973, the land appertaining to Sabik plot No.4611 under Sabik Khata No.190, Mouza -Bhubaneswar Town Unit No.39, Gadakana, P.S. -New Capital, Dist. -Khurda measuring area Ac.5.520 decimals stood recorded in the name of Kailash Chandra Jena, Baikuntha Jena with 8 anna share, Ugrasena Jena with 4 anna Shares, Chakradhara Jena and Shayamsundar Jena with 2 anna share each. The petitioner claimed that out of the aforesaid land she has purchased an area of Ac.0.06 decimals 9 Kadi from Kailash Chandra Jena -opposite party No.3 and Baikuntha Jena -opposite party No.4. Both of them had jointly 8 anna share over the disputed land. The said transaction had taken place through a registered sale deed dated 31.10.1994. The objection case was registered as 2880. Local inquiry was conducted under the petitioner's claim and the report was submitted showing petitioner's possession over the disputed land. The objection case was disposed of with an order of rejection dated 3.7.2002 holding that the land sold cannot be recorded for having no consent in the sale by other co -sharers.
(3.) Being aggrieved by the order passed in the Objection Case No.2880, the petitioner filed a revision before the Commissioner, Land Records and Settlement, Orissa, Cuttack under Section 32 of the OSS Act, which was registered as Revision Petition No.3035 of 2002. It is claimed that the Commissioner, Land Records and Settlement, Orissa by its order dated 15.5.2002 remanded the matter to the Settlement Officer, Cuttack Major Settlement to pass order considering the revision petition as a suo -motu appeal. On remand, the appeal was registered as Appeal Suit No.231/2003 based on an inquiry report, despite the inquiry report showing possession of the petitioner, learned Appellate Court by its order dated 21.12.2006 dismissed the appeal upholding the decision of the Original Authority in the objection case.;