BANCHHANIDHI KHANDA Vs. BISHNU BUDA

JUDGEMENT

(1.) In this writ petition, the Petitioner has challenged the order dated 4.5.2002 passed by the Collector, Sambalpur in OLR Revision No. 1 of 2000 confirming the order dated 28.4.2000 passed by the Addl. District Magistrate, Sambalpur in OLR Appeal No. 3 of 1998 directing the Revenue Officer and Sub-Collector to proceed with the case for restoration of the case land in favour of the original land holder-opposite party No. 1.

(2.) The facts, as narrated in the writ petition, are as follows:

(3.) At the first instance, the Sub-Collector, Kuchinda dropped the proceeding against which an appeal was filed by opposite party No. 1. The appellate authority remanded the matter to the Sub-Collector. On remand, the matter was again heard and disposed of by the Sub-Collector on 31.10.1997 holding that the present Petitioner perfected his title by way of adverse possession for more than 12 years prior to the enforcement of Section 23-A of the Act as the cut-off date is 26.10.1965. Therefore, the application is not maintainable and the proceeding should be dropped. Against the said order, opposite party No. 1 preferred OLR Appeal No. 3 of 1998 to the Addl. District Magistrate who disposed of the appeal on 28th April, 2000 reversing the order of the Sub-Collector and directing the Revenue officer and Sub-Collector to proceed with the case for restoration of the case land in favour of opposite party No. 1. Being aggrieved by the said order, the present Petitioner filed OLR Revision Case No. 1 of 2000 before the Collector, Sambalpur who confirmed the order passed by the Addl. District Magistrate. Hence this writ petition.