BRUNDABAN SAHOO Vs. ANTARYAMI SAHOO AND ORS.

JUDGEMENT

(1.) THIS writ application is directed against the order under Annexure -8 passed by the Land Reforms Commissioner -cum -Settlement Commissioner, Orissa, Cuttack (in short, the "Commissioner").It appears that present opposite party No. 1 had filed Settlement Revision Case No. 4 of 1997 in the Court of the Commissioner and after hearing both parties, the revision was dismissed by order dated 12 -5 -1998. Thereafter,present opposite party No. 1 filed Misc. Case No. 53 of 1998 for recalling the order dated 12 -5 -1998 and the Commissioner has recalled the earlier order and allowed the revision of present opposite party No. 1. as per order under Annexure -8. Such order is being impugned on the ground that the Commissioner did not have any jurisdiction to entertain an application for review.

(2.) LEARNED Counsel appearing for opposite party No. 1 submitted that every Court or tribunal has got inherent power to recall its earlier decision and as such it cannot be said that order under Annexure -8 is without jurisdiction.

(3.) LAW is well settled that power of review of earlier judicial or quasi judicial order can be exercised only if there is a specific provision contained in the statute conferring such jurisdiction on the particular authority. Review is a creature of the statute and in absence of any specific power conferring jurisdiction to review an earlier decision, no judicial authority or quasi -judicial authority can review its own earlier order. The power of recalling an earlier order is slightly different. When some orders are passed without giving opportunity of hearing, it is stated that every court or even tribunal has got inherent power of recalling such orders. Such power of recalling cannot be equated with power of review.