(1.) THIS writ application is directed against the orders passed by the authorities directing eviction of the present petitioner in exercise of power Under Section 23 -A of the Orissa Land Reforms Act.
(2.) IT appears that Revenue Misc. Case No. 11/91 was started suo motu by the Sub -Collector -cum -Revenue Officer, Sonepur, Under Section 23 -A, of the Orissa Land Reforms Act on the basis of the report of the Welfare Extension Officer. Tarbha, wherein it was stated that the lands belongs to Bhima Ganda, original opposite party No. 1 in the present writ application (since substituted by the legal representatives). It was reported that the present petitioner had remained in possession from 1985. The present petitioner after receipt of notice filed objection stating that he is in possession of the disputed land since 1943 and as such the proceeding Under Section 23 -A is not maintainable.
(3.) A perusal of the orders passed by the revenue authorities makes it clear that they have not kept in view the position of law as enunciated above. In such view of the matter, the orders passed by the authorities are quashed and the matter is remanded to the Tahsildar for fresh disposal in accordance with law. Opportunity of adducing further evidence by the parties shall be given by the Tahsildar. The parties are directed to appear before the Tahsildar on 4th September, 2000. If it is found that the present petitioner has remained in possession from 1968 onwards notwithstanding the order of settlement, the proceeding Under Section 23 -A must be rejected. If, on the other hand, it is found that the petitioner had not completed 12 years of adverse possession by the date of coming into force of amended Section 23 -B, then appropriate order regarding recovery of possession can be issued.