SIMPLE UNCONTESTED MUTATION CASES 11(5) The notice under any of the - PDF document

SIMPLE UNCONTESTED MUTATION CASES “ 11(5) The notice under any of the proceedings sub-section shall be in the prescribed form accompanied by the prescribed fee and shall be transferred to the revenue Officer who shall cause it to be served in the prescribed manner on the Section 11(5) of the OLR Act, 1960 landlords named in the notice. He shall also cause a copy of the notice to be transmitted to the authority competent to maintain the record of rights. 34. Enquiry before registration by registering officer: ( 3) The registering officer shall thereupon — (a) enquire whether or not such document was executed by the persons by whom it purports to have been executed; Section 34 of Indian (b) satisfy himself as to the identity of the persons appearing registration Act, 1908 before him and alleging that they have executed the document; and (c) in the case of any person appearing as a representative, assign or agent, satisfy himself of the right of such person so to appear. “ Rule 40: Service of notice: While acting under Rule 34, the Tahasildar shall issue a Rule-40 of OS & S Rules , general notice in Form No-9, inviting objections from person 1962 interested within a period of 15 days from the date of service of such notice. The Tahasildar, if he deems it necessary, may issue individual notices in Form- 10” Individual notice may not be necessary in all cases where as a general notice has to be served in all cases” Paragraph 38 of the Mutation Manual, 1962

This case has been instituted U/R 34 of the O.S & S Rules, 1962 read with paragraph 17(1) of the Mutation Manual , 1962 on the strength of the Form No.3 submitted by the Sub-Register as required U/S 11 of the OLR Act 1960 read with rule-14 of the OLR (General) Rules 1965 for effecting changes in the ROR with respect to the land schedule given below. Land Schedule Mouza: P.S- No. Khata No Chaka No Plot No Area KIssam & status As per the instructions contained in R & DM Department letter No. S-36/046584/R dated 16.02.2004, transfer the case record to R.I_____________for disposal. The record Keeper has verified the record position and being satisfied about the correctness of the record position has recommended the Tahasildar to forward the record for further proceeding in the manner as prescribed in Chapter IV of the OS & S Rules , 1962. If the case is un-contested one, the RI shall dispose of the matter within the time frame prescribed in the ORTPS Act 2012 and send the case record to the Officer in-charge of the circle for approval. In case any objection is received and if the case involves disputed question of law , the RI shall refer the case to the Tahasildar/Addl. Tahasildar after filed enquiry along with his findings in the case record. Dictated Tahasildar/Addl. Tahasildar Tahasildar/Addl. Tahasildar

The case is taken up today on receipt of the case record from the Tahasil office. Perused the case record and verified the ROR position. In the instant case, the recorded tenant has transferred the suit land to the applicant/vendee .In the instant case, no individual notice is required considering the provisions of rule-40 of the OS & S Rules 1962 and paragraph 38 of the Mutation Manual, 1962. Issue a general proclamation in the locality inviting public objection if any. Revenue Inspector This case has been instituted U/R 34 of the O.S & S Rules, 1962 read with paragraph 17(1) of the Mutation Manual , 1962 on the strength of the Form No.3 submitted by the Sub-Register as required U/S 11 of the OLR Act 1960 read with rule-14 of the OLR (General) Rules 1965 for effecting changes in the RORs. Sub-Section 5 of Sec-11 is quoted below for better appreciation of the matter. “ 11(5) The notice under any of the proceedings sub-section shall be in the prescribed form accompanied by the prescribed fee and shall be transferred to the revenue Officer who shall cause it to be served in the prescribed manner on the landlords named in the notice. He shall also cause a copy of the notice to be transmitted to the authority competent to maintain the record of rights. Considering the provisions of rule-40 of the OSS rules -1962 and paragraph 38 of the Mutation Manual , I am of the opinion that no individual notices are necessary in this case as all the recorded tenants have transferred the suit land. They have signed the Form No-3 along with the transferee. The signatures of the transferors and the transferee have been verified by the Registering Officers. The Registering Officer has put his signature with seal in token of such verification. Paragraph 40 of the OS & S Rules, 1962 is quoted below “ Rule 40: Serv ice of notice: While acting under Rule 34, the Tahasildar shall issue a general notice in Form No-9, inviting objections from person interested within a period of 15 days from the date of service of such notice. The Tahasildar, if he deems it necessary, may issue individual notices in Form- 10” The paragraph 38 of the Mutation manual further provides that “individual notice may not be necessary in all cases where as a general notice has to be served in all cases”

Further the Sub-Register has registered the document after satisfying regarding the identity of the parties appearing before him in the manner as prescribed U/S 34 of the Indian Registration Act, 1908. Land Schedule Mouza: P.S- Khata No Plot No Area KIssam & status On verification of the ROR available in LRMS portal and on perusal of the RSD No______________dt._____________, it is seen that the Khata No___________containing Plot No___________area _________kissam__________relating to Mouza____________stands recorded in Stitiban status in favour of _____________________S/o___________________.The recorded tenant has transferred the land to the present vendee/applicant vide RSD No. _____________dt._____________ and delivered possession. The flow of title from the recorded tenant to the transferee is proved . During field enquiry , it is found that the transferee is in possession over the suit land .General notice has been duly published in the locality and no objection has been received from any quarter. In view of the facts stated above ,mutation is allowed. Submitted the case record to the Addl. Tahasildar, Bhubaneswar for confirmation. Revenue Inspector The case is taken up today. Perused the order dated __________passed by the Revenue Inspector. The order of the RI is hereby confirmed .Send the case record to the Record Keeper for correction of RORs after expiry of the statutory appeal period. Addl. Tahasildar

RES JUDICATA Section 11 of the Code of Civil Procedure, 1908 11. Res judicata — No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court “ The case is taken up today. This case has been initiated U/R 34 of the O.S & S Rules, 1962 read with paragraph 17(1) of the Mutation Manual , 1962 on the strength of application filed by _______________________. The petitioner prays to record the land schedule given below in his name on the strength of purchase vide R.S.D No. ___________dt.___________. Land Schedule Mouza: P.S- Khata No Chaka No Plot No Area KIssam & status Having heard the petitioner and on perusal of records, it is seen that the mutation case No. _________/_________earlier instituted in respect of the suit land U/R 34 of the OS & S Rules , 1962 read with paragraph 17(1) of the mutation manual involving the same parties has already been disposed of by this Court on merit. Therefore this case is hit by the provisions of res judicata contained in Section-II of the Code of Civil Procedure . It is a settled position of law that same court, same parties, same suit land and same cause of action cannot be adjudicated twice. In view of the above provisions of law the case is dismissed.