RABINDRA KUMAR Vs. BICHITRANANDA KHATEI

JUDGEMENT

(1.) Challenging the orders of the Revisional Authority and that of Member, Board of Revenue under S. 59(2) of the Orissa Land Reforms Act (hereinafter referred to as the 'Act'), arising out of an application under Section 36-A of the Act, this writ application has been filed.

(2.) In the writ application the petitioner has asserted that while the petitioner was a minor the disputed property comprising an area of Ac. 2.43 decimals was purchased by him from one Tilatoma Bhuyan. After the purchase there was a proceeding under Section 144, Cr.P.C. between the petitioner and Damei Khatei, the grand father of opp. party No. 1 which was convened to one under Section 145, Cr. P. C. proceeding and possession was declared in favour of the petitioner. During the pendency of the 145, Cr.P.C. proceeding the disputed property was in attachment. After conclusion of enquiry there was delivery of possession. Grand father of opp. party No. 1 had filed an application under Section 26(2) of the Act to declare the land to be non-resumable. The Revenue Officer while holding that an application under Section 26(2) of the Act is not maintainable, gave a finding that the relationship of landlord and tenant exists between the parties. The appeal filed by the present petitioner was allowed and the appellate Court held that the application under Section 26(2) of the Act was not maintainable and there is no relationship of landlord and tenant. The grand father of the petitioner died in the year 1973. On 3-2-1975 opp. party No. 1 filed an application under Section 36-A of the Act which was registered as O.L.R. Case No.975 of 1975. The application under Section 36-A of the Act was rejected by the Revenue Officer holding inter alia that :-

(3.) Challenging the orders of the Revisional Authority and that of the Member, board of Revenue the learned advocate for the petitioner submits that-