KESHAR AHMAD KHAN Vs. RAMKINKAR SINGH DEO

JUDGEMENT

(1.) In this appeal the Appellant has assailed the Judgment passed on 16.09.2011 by the Learned Single Judge in Review Petition No. 25 of 2009 allowing the review application and recalling the order passed by the Learned Single Judge on 07.02.2007 dismissing OJC No. 6709 of 1994. The facts leading to filing of this appeal may be succinctly stated as follows:-

(2.) After such remand, the OLR Case No. 42 of 1976 was dealt with by the Revenue Officer-Cum-Tahasildar, Khariar. On 21.06.1980 the prayer of the Appellant was allowed. OLR Ceiling Appeal No. 2 of 1989 and OLR Revision Case No. 9 of 1991 preferred against the order by the Respondent and his mother. Having been dismissed by the Order Dated 19.06.1990 passed by the Sub-Collector, Nuapada and order decided on 25.06.1994 passed by the Collector, respectively, the Respondent No. 1 filed OJC. No. 6709 of 1994 assailing the orders of the Sub Collector and Collector upon remand.

(3.) Ojc No. 6709 of 1994 was disposed of on 07.02.2007, wherein Learned Single Judge held that the Collector, Nuapada after perusing the materials and discussing the evidence confirmed the findings arrived at by the authorities. The Collector, Nuapada further observed that in the meantime the case lands had vested with the State in consonance with the provisions of OLR Act as the same were declared ceiling surplus land. He further held that the landowner having received compensation amount, according to the Collector, it was not open to him to assail the order of vesting of the disputed land as he ceases to be landlord any further.