STATE OF ORISSA Vs. ARAKHITA BISOI

JUDGEMENT

(1.) This appeal is by the State of Orissa represented by the Secretary, Revenue Department, against the judgment of a Bench of the Orissa High Court on a certificate of fitness granted by it.

(2.) The respondent herein is a land-holder whose ceiling surplus was determined by the Revenue Officer under S. 43 of the Orissa Land Reforms Act, 1960, as amended by Act 13 of 1965 and subsequently by Act 29 of 1976. The Revenue Officer rejected the plea of the respondent that there was a partition between him and his sons and determined the surplus extent as 12.08 standard acres. The respondent preferred an appeal before the Sub-Divisional Officer and the Sub-Divisional Officer confirmed the order of the Revenue Officer and dismissed the appeal. Against the order of the appellate authority the respondent filed a revision before the Additional District Magistrate, Ganjam. The Additional District Magistrate held that the appellate orders under S. 44 were final and that no revision lay to him. The respondent thereupon filed a petition under Articles 226 and 227 of the Constitution challenging the order of the Additional District Magistrate rejecting the revision petition. A Bench of the Orissa High Court by an order dated 15th July, 1976, allowed the writ petition holding that the Additional District Magistrate had powers to revise the order of the appellate authority passed under S. 44 by virtue of the powers conferred on him under S. 59 of the Act. The High Court came to the conclusion that a revision was entertainable under S. 59 by the Additional District Magistrate even before the amendment introduced by Orissa Act 29 of 1976, the details of which will be referred to later.

(3.) The only question that arises in this appeal is whether an order passed by the appellate authority under S. 44 which has become final under S. 44 (2) is capable of revision by the Collector under S. 59 before the amendment of the Act in 1976. S. 44 runs as follows:-