SRI PRAVAKAR SWAIN Vs. TAHASILDAR

JUDGEMENT

(1.) THE Petitioners have filed this Writ Petition challenging the Order Dated 28.3.2005 passed by the Sub -Collector, Kendrapara in Mutation Case No.347 of 2003.

(2.) THE Petitioners filed Mutation Case No.347 of 2003 for mutation of the land in question in their names on the basis of the order passed by the Tahasildar, Aul in OLR Case No.137 of 1983. In the said OLR case, the land was settled in their names as Stitiban raiyat. They were paying rent regularly in pursuance of the said settlement. They are in possession of the property uninterruptedly. Opp. Party No.1 directed the R.I. to make an inquiry regarding possession of the Petitioners in respect of the disputed land. After making an inquiry, the R.I submitted report that the Petitioners are in possession of the land. He submitted corresponding Hal plots of the Sabik Plots. The case was then placed before the Addl. Tahasildar, who vide Order Dated 27.6.2003 after examining the report of the R.I. and the OLR records, directed to mutate the names of the Petitioners in respect of the disputed land i.e. Hal Plot No.1108 with an area of Ac.0.15 decimals in a separate khata by deleting the same from the Government Khata No.1854. After the appeal period was over, the ROR was corrected.

(3.) LEARNED Counsel for the Petitioners submitted that the Sub -Collector has no jurisdiction to set aside the order passed by the Tahasildar without issuing notice to the Petitioners. Since the Tahasildar had corrected the ROR as per Section 47 of the Orissa Mutation Manual, the Sub -Collector should not have reviewed the same. Therefore, the impugned order is liable to be set aside.