Act and Secs.34 and
35 of the Orissa Consolidation of Holdings and Prevention of
Fragmentation of Land Act ("OCH & PFL Act ... defendant. It must include some act done by the defendant
since in the absence of such an act no cause of action can possibly
accrue
Act, 1972 ("Act") is
vitiated, since notice was issued under the Orissa Prevention of Land
Encroachment Act, 1954 (Repealed Act ). In the ROR ... Act is
illegal ?
12. Learned trial court on a vivid analysis of record and
document came to hold that the ROR, Ext.2, has been
Orissa Survey and Settlement Act, solely on the basis
of the ROR which in law neither creates right nor
extinguishes the same, without going into ... Orissa Land Reforms Act (' OLR Act ') the
persons holding lands immediately before commencement of the OLR
Act with rights of occupancy within
suit land has
3
been recorded correctly as Gramya Rasta in the ROR. Since the
plaintiff encroached upon the Government land, Encroachment Case ... managed to record the suit
land in the remarks column of the ROR. In the encroachment case,
the plaintiff had prayed for settlement
obtaining permission from the Revenue
Officer under Sec.22 of the OLR Act.
3. Pursuant to the notice, the petitioners, who are opposite
parties ... scheduled tribe person. Thus
permission under Sec.22 of the OLR Act was not a sine qua non for
alienation of the land. Elaborating the submission
conferred by or under this
Act or under the Recovery of Debts Due to Banks and
Financial Institutions Act, 1993 (51 of 1993). Under ... allotted separate mutation khata
no.650/966, Plot No.1/1553. Accordingly, ROR was issued, vide
Annexure-8. Defendant no.3 took a loan from
that a case under the Orissa Public Premises
(Eviction of Unauthorised Occupants) Act had been initiated against
him. On 5.4.1990, the officials of defendant ... land had been recorded in the name of
the Government in 1973 ROR. Kissam of the land is Gochar.
5. Defendant no.5 filed
note of possession
had been reflected in the remarks column of the ROR. The
defendants have no semblance of right, title and interest over ... against them under the Orissa
3
Prevention of Land Encroachment Act (" OPLE Act "). Plaintiffs had
vacated the suit land on 11.6.1996. Again they
operation of the OLR Act . The
opposite party no.4 had applied for permission under Sec.22 of the
OLR Act. The agreement was genuine ... recorded in the name of opposite party
no.4 in the consolidation ROR. Opposite party no.4 is a scheduled
caste person. The petitioner
paddy yielding agricultural land in the
sabik ROR. It is not Anabadi land. The Hal ROR has been wrongly
published in the name ... cannot succeed as her vendor is not
a party to the suit. ROR neither creates title nor extinguishes title.
Recording of land under Anabadi khata
