Golam Hossain Khan And vs Collector
2023 Latest Caselaw 2753 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.34804 OF 2022


            Golam Hossain Khan and                 ....           Petitioner(s)
            Another                                     Mr.S.A.Nayeem,Adv.
                                        -versus-

            Collector, Jagatsinghpur and           ....        Opposite Party(s)
            Another
                                                         Mr.S.P.Panda,AGA
                      CORAM:
                      JUSTICE BISWANATH RATH
                                      ORDER

Order No.                            04.04.2023
   01.       1.     Heard learned counsel for the Parties.

2. For the innocuous prayer involved herein, this matter is taken up for final disposal.

3. Undisputedly learned counsel for the Petitioners claims that the matter gets support through a Judgment and Decree in T.S. No. 233 of 1994. Further in disposal of Misc. Case No. 116 of 2006 the Tahasildar, Jagatsinghpur vide order dated 08.06.2007 has already given direction to the record keeper to correct the Record of Rights as per decree and issue the same to the parties. Through the Writ Petition, it is alleged that even in the survival of the recorded tenant, this order has not been worked out but however in the meantime there has been death of the original recorded tenant and legal heirs should also be included in the preparation of Record of Rights.

4. Learned counsel for the State submits that in the event the order dated 08.06.2007 is not challenged and the decree involving the T.S. No. 233 of 1994 remains intact, there should not be any difficulty in bringing out the corrected Record of Rights.

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5. Considering rival contentions of the parties, this Court finds, undisputedly there is Judgment and Decree in favour of the Sauti Khan-father of all Petitioners. Similarly order dated 08.06.2007 is also passed in the involvement of the father of the Petitioners. In the meantime the father of the Petitioners died on 06.07.2022.

6. In the circumstance, this Court finds, while taking care in brining the corrected Record of Rights in terms of the Judgment and Decree as well as the order of the Tahasildar, Jagatsinghpur dated 08.06.2007, the aspect of legal heirs have accrued a right has to be kept in view. In the meantime for the death of the original land owner/recorded tenant, this aspect should also be taken care of in brining a corrected Record of Rights involving the disputed land. This Court accordingly permits the Petitioner to bring an application before the Tahasildar, Jagatsinghpur for incorporation of the legal heirs of Sauti Khan-original land owner along with death certificate of father as well as the legal heirs' certificate to the Competent Authority and filing of the same at least within two weeks time from the date of this order. In such event the Tahasildar shall do well in bringing out the Record of Rights also taking into account the development in the right accrued with the legal heirs of the original land owner, while also keeping in view the direction dated 08.06.2007 in disposal of Misc. Case No. 116 of 2006. The entire work should be completed at least within a period of ten weeks from the communication of this order by the Petitioners.

7. With this above observation and direction, this Writ Petition stands disposed of.

8. Free copy of this order be supplied to learned State Counsel.

(Biswanath Rath) Judge U.Nayak