DASARATHI SWAIN Vs. ADDL DISTRICT MAGISTRATE

JUDGEMENT

(1.) OPPOSITE Party No. 4 filed Misc. Case No. 5010/81 before the Revenue Officer, Nimapara claiming that he was a tenant under the Ex -intermediary. The Tahsildar, after making some enquiry accepted the contention that opposite party No. 4 was a tenant under the Ex -intermediary in respect of Ac. 0.80 decimals of land out of Ac. 1.70 decimals of land and further directed that the land should be settled with opposite party No. 4 under Section 4 (l)(h) of the Orissa Land Reforms Act (in short, the 'O.L.R. Act') subject to payment of premium of Rs. 214/ -.

(2.) THE present petitioners filed O.L.R. Appeal No. 103/82 before the Officer -on -Special Duty (Land Reforms), Puri. The appellate authority set aside the order of the original authority on the ground that there could not have been settlement under Section 4(1)(h) of the O.L.R. Act, as no such application was filed within the stipulated period. He also directed the Revenue Officer not to proceed further in implementing his order passed under the provisions of the O.L.R. Act.

(3.) THE first application purported to be one under Section 8(1) of the Orissa Estates Abolition Act (in short, the 'O.E.A. Act'). It has been repeatedly held that the provisions contained in Section 8(1) of the O.E.A. Act do not contemplate any judicial decision deciding about the alleged tenancy and right of a particular person. However, for the purpose of accepting rent, the authority may embark upon an administrative enquiry to find out the person in possession from whom rent may be accepted. It is also well settled that even if any such order is passed, it does not determine the right of any party and neither creates right in favour of the party from whom the rent is directed to be accepted nor does it extinguish the right of any party claiming to be the tenant of the land.