RASANANDA ROUT Vs. COMMISSIONER CONSOLIDATION

JUDGEMENT

(1.) THE petitioner has challenged the order passed by the Commissioner, Consolidation and Settlement, Orissa, Bhubaneswar, rejecting the revision of the petitioner Under Section 15(b) of the Orissa Survey and Settlement Act, 1958. The petitioner claims that he has title over the disputed property, but the same has been wrongly recorded in Rakshit Khata of the State Government as Gochar land.

(2.) LAW is well settled that Records -of -Rights neither create, nor extinguish title. The revisional authority has refused to entertain the matter as the revision had been file 15 days after the final publication of the Record -of -Rights. Since the question of title is involved and disputed questions of fact are likely to arise, it is more appropriate to direct the petitioner to file a suit for establishing his title.

(3.) THE writ application is disposed of subject to aforesaid observation.