BANSIDHAR NISHANK Vs. COMMISSIONER, CONSOLIDATION, BHUBANESWAR

JUDGEMENT

(1.) The present appeal is directed against an order dtd. 9/12/2016 passed by the learned Single Judge dismissing the Appellants' OJC No.6231 of 1998. In the said writ petition, the Appellants had assailed an order passed by the revisional authority under Sec. 36 of the Orissa Consolidation Holdings and Prevention of Fragmentation of Land Act, 1972 (OCH and PFL Act).

(2.) Initially, the Appellant had filed objections under Sec. 9 (3) of the OCH and PFL Act and an order in their favour had been passed under Sec. 10 of the said Act by the Consolidation Officer. Three years later, an order was passed in favour of private Respondent who subsequently died.

(3.) The contention of the Appellants that an order passed under Sec. 10 of the OCH and PFL Act would not have been reversed under Sec. 15 (1) thereof does not appear to be correct. On perusal of the said order, it appears that it was not passed by way of reversing the order passed three years earlier under Sec. 10 of the OCH and PFL Act.