STATE OF ORISSA Vs. BHAGATBANDU JENA

JUDGEMENT

(1.) STATE of Orissa being the Petitioner has filed W.P.(C).No. 4649 of 2005 assailing the order dated 21.08.2004 passed by the Member, Board of Revenue, Orissa, Cuttack in O.E.A. Revision Case No. 16 of 2004 leading to settlement of Government land measuring an area of Ac.6.500 decimals in favour of the Baidyanath Jena in sthitiban status. Petitioners in W.P.(C) No. 17155 of 2006 being the son and daughter of late Baidyanath Jena have challenged the correctness and legality of order dated 27.01.1999 passed by the Tahasildar-cum-O.E.A. Collector, Bhubaneswar in O.E.A. Misc. Case No. 33 of 1997 rejecting the claim of their father as a tenant under Section 8(1) of the Orissa Estate Abolition Act, in short, "O.E.A. Act" in respect of the case land. W.P.(C).No. 158 of 2010 has been filed by Sorojini Sahu, challenging the inaction of opposite party No.4, the Tahasildar- cum-O.E.A. Collector, Bhubaneswar in not considering and disposing of the application dated 5.10.2009 filed by her for mutation of the land appertaining to Sabik plot no.218, area Ac.6.500 decimals, moza-Chandrashekharpur, Bhubaneswar as per Rule 34 (c) of the Orissa Survey and Settlement Rules, 1962 (hereinafter referred to as "the Rules") giving due regards to the judgment dated 6.2.2008, decree dated 12.2.2008 passed by the learned Civil Judge (Sr.Division), Bhubaneswar in Civil Suit No. 535 of 2005 and decision dated 21.8.2004 of the Member, Board of Revenue, Orissa, Cuttack passed in O.E.A. Revision Case No. 16 of 2004 under Section 38-B of the Orissa Estates Abolition Act, 1951, which is under challenge by the State of Orissa in W.P.(C)No. 4649 of 2005 and no order of stay of operation of the said order has been passed by this Court. In view of such position, according to her, there is no impediment on the part of the Tahasildar, Bhubaneswar to consider the petitioners application for mutation of the land in her favour under Section 34 (c) of the Orissa Survey and Settlement Rules, 1962.

(2.) THE order of the Tahasildar-cum-O.E.A. Collector, Bhubaneswar dated 27.1.1999 in O.E.A. Misc. Case No. 33 of 1997 refusing to accept rent has been challenged under Section 38-B of the Orissa Estates Abolition Act, 1951, hereinafter to be referred to as "the Act", in short, before the Member, Board of Revenue, Orissa, Cuttack vide order dated 21.8.2004 in O.E.A. Revision Case No. 16 of 2004 has set aside the order dated 27.1.1999 passed by the Tahasildar-cum-O.E.A. Collector, Bhubaneswar and directed to record the suit land measuring Ac.6.500 in the name of Baidyanath Jena in sthitiban status and also to accept the rent from him on consideration of the application filed under Section 8(1) of the O.E.A. Act, and since common question of law and facts are involved in these matters, they are heard together and disposed of by this common judgment.

(3.) THE Amin visited the spot and enquired from the local people and submitted his report on 27.1.1999 before the Tahasildar- cum-O.E.A. Collector, Bhubaneswar, wherein it has been clearly stated that Baidyanath Jena had uninterrupted possession of the suit land right from 1942 and he had fenced the suit land, constructed a house with stone wall and thatched roof and remained in possession and enjoyed the suit land continuously. The Tahasildar-cum-O.E.A. Collector, Bhubaneswar passed order on 27.1.1999 after perusing the details claim advanced by Baidyanath Jena on the basis of documentary evidences like ,,Hata Patta dated 28.7.1942, rent receipts granted by the Ex-Intermediary, rent receipt granted by the Tahasildar, Sadar, Cuttack, the report of the Amin dated 27.1.1999 and sketch map of the suit land etc., in O.E.A. Misc. Case No. 33 of 1997, rejected the application filed under Section 8(1) of the O.E.A.Act on the ground that after completion of the settlement operation, the O.E.A. Collector has lost his jurisdiction to record the suit land in favour of Baidyanath Jena, the tenant. He further observed that the tenant might agitate his claim in appropriate Civil Court or Commissioner of Settlement to record the land in his favour. The said order of the Tahasildar-cum-O.E.A. Collector, Bhubaneswar dated 27.1.1999 is the subject matter of challenge by the legal heirs of Baidyanath Jena in W.P.(C) No. 17155 of 2006.