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1 - 10 of 20 (0.46 seconds)Basanti Kumari Sahu (Smt) vs State Of Orissa And Ors. on 23 January, 1995
17. The judgment in Radhamani Dibya (supra) cited by
Mr.P.K.Mohanty, learned Sr. Counsel has been considered time and
again by this Court as well as the apex Court in Basanti Kumari
Sahu (supra), State of Odisha and Others Vs. Brundaban
Sharma and another (supra), State of Orissa and others v.
Harapriya Bisoi (supra) with regard to the interpretation of Section
8(1) of the O.E.A.Act.
Radhamani Dibya And Ors. vs Braja Mohan Biswal And Ors. on 29 October, 1983
25. Law is well settled by the Apex Court in the cases
State of Odisha and Others Vs. Brundaban Sharma and
another reported in 1995 Supp (3) Supreme Court Cases 249, State
of Odisha and Others Vs. Harapriya Bisoi reported in 2009 AIR
SCW 4806 and State of Odisha Vs. Nityanand Satpathy and
others reported in 96(2003) CLT 721 as well as by the Full Bench of
this Court in the case of Radhamani Dibya and others Vs. Braja
Mohan Biswal and others reported in 57 (1984) C.L.T. 1 that
Section 8(1) of the O.E.A. Act makes no provision for an application
to be filed and no enquiry is also contemplated under the said
Section. The said Section is merely declaratory of the continuity of
the tenure of tenants as it was immediately before date of vesting.
23
Therefore, an application under Section 8(1) of the O.E.A. Act by
Baidyanath Jena is misconceived one.
The Orissa Estates Abolition Act, 1951
Ram Nath Mandal And Ors. vs Jojan Mandal And Ors. on 26 August, 1963
The "Hatpatta" relied
upon being non-registered one, is inadmissible in view of the dictum
of the apex Court in Sri 5 Sita Maharani and others V. Chhedi
Mahto and others, AIR 1955 SC 328 and in Ram Nath Mandal
and others V. Jojan Mandal and others, AIR 1964 Patna(FB) 1.
Sri 5 Sita Maharani And Ors. vs Chhedi Mahto And Ors. on 3 February, 1955
The "Hatpatta" relied
upon being non-registered one, is inadmissible in view of the dictum
of the apex Court in Sri 5 Sita Maharani and others V. Chhedi
Mahto and others, AIR 1955 SC 328 and in Ram Nath Mandal
and others V. Jojan Mandal and others, AIR 1964 Patna(FB) 1.