UMESH CH MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE facts giving rise to the present writ application are as follows :

(2.) IT appears that the order passed by the appellate authority in the year 1973 remained unchallenged for a period of twenty years. It further appears from the copy of the sale deed produced by the petitioner that the other land under possession of the petitioner appertaining to Plot No. 117, Khata No. 125/48 has already been sold by him in the year 1977. These aspects were not considered by the Commissioner in the revision. Though there is no period prescribed for initiating a suo motu revision under the Act, several decisions of this Court have laid down that such proceedings should be initiated within a reasonable period. By no stretch of imagination, period of twenty years can be construed as a reasonable period. Moreover, the petitioner having already sold the other land under his occupation, he would suffer immense hardship if he is evicted from the land upon which he has constructed his residential house by availing loan from the Government.

(3.) SUBJECT to the aforesaid direction, the writ application is disposed of.