(1.) THE order passed by the Taluk Land Board, Mananthavady on 17-12-1986 in tlb. 839/73 (M) is being challenged by the State. As per the impugned order, the taluk Land Board held that the 1st respondent herein is not liable to surrender any excess land. According to the revision petitioner, the order passed by the taluk Land Board is not sustainable.
(2.) BRIEF facts leading to the order dated 17-12-1986 are necessary to understand the scope of the present order. The declarant originally filed a statement under S. 85 (2) and the Taluk Land Board registered the case as TLB NO. 68/73/nw and passed final order on 27-8-1974 holding that the declarant was not liable to surrender any excess land. It appears that the declarant filed statement under S. 85a and pursuant to that statement a fresh draft statement was prepared against the 1st respondent and was issued to him on 19-1-1976. The 1st respondent filed objection and contended that as already an order has been passed by the Taluk land Board on 27-8-1974 , therefore, no fresh proceedings could be taken pursuant to the statement under s. 85a unless the earlier order is set aside. The Taluk Land Board, on the basis of the draft statement, proceeded to redetermine the excess land and passed an order under S. 85 (5) of the Act. That order is being challenged by the State. 2. The learned counsel for the respondents raised a preliminary objection that the impugned order passed by the Taluk Land Board was without jurisdiction and the order of the Land Board dated 27-8-1974 shall prevail. On the other hand, the learned Government Pleader contended that the 1st respondent filed a fresh statement before the Land Board under S. 85 A and the same was forwarded to the Taluk Land Board and the Taluk Land Board was justified in passing the second order under S. 85 (5) of the Act.