RAGHUNATH MUKHI Vs. CHAKRAPANI MUKHI

JUDGEMENT

(1.) UPON publication of a notification under Sub -section (1) of Section 3 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972, every suit and proceeding for declaration of any right or interest in any land situate within the consolidation area, proceeding pending before any Civil Court, whether of the first instance or appeal, reference or revision, is to stand abated on an order being passed in that behalf by the Court concerned. Section 51 bars jurisdiction of the Civil Courts in regard to matters relating to right, title, interest and liability in land lying within the consolidation area which ordinarily under the general civil law would be cognisable by them.

(2.) THE Act has created a hierarchy of forums for determination of the questions - -original, appellate and revisional, the highest being the revisional Court. In matters of civil dispute and the civil law, the District Judge or the Subordinate Judge, as the case may be, depending on the valuation and the prescribed procedure, is the final Court on question of fact. Substantial questions of taw can only be agitated before the High Court in appeal where second appeal is provided. Hence generally the highest revenue Court is the substitute of the Court of the District Judge or the Subordinate Judge, as the case may be, and even of the High Court.

(3.) THIS prologue is considered warranted having regard to our perception of the implementation of the scheme of the Consolidation Act by the Government.