CHANDAMANI BEJ Vs. COMMISSIONER OF CONSOLIDATION AND SETTLEMENT

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) The Petitioner in this writ petition seeks to assail the order dtd. 30/3/2012 (Annexure-7) passed by the Commissioner Consolidation and Settlement, Odisha, Cuttack-Opposite Party No.1 in Revision Petition No.91 of 2009, by which the matter was remanded to the Tahasildar, Rajkanika for disposal as per law.

(3.) Mr. Lenka, learned counsel for the Petitioner submits that Plot Nos.148 and 148/706 to an extent of Ac.0.02 decimals each (in total Ac.0.04 decimals) under Hal Khata No.51 situated in village Kalikapur under Rajkanika Tahasil in the district of Kendrapada (for short, "the case land') stand recorded in his name. After publication of final R.O.R., the Opposite Party No.3, namely, Purna Chandra Rath filed R.P. Case No.7668 of 2002 for correction of area of his recorded land in Plot No.149 under Khata No.100 of the same mouza. Plot No.149 recorded in the name of the Opposite Party No.3 is adjacent to the aforesaid land of the Petitioner. But, the revision petition under Sec. 15(b) of the Odisha Survey and Settlement Act, 1958 (for short, "the Act') was filed without impleading the present Petitioner as a party. However, the said revision petition was allowed on 4/12/2002 remitting the matter back to the Tahasildar, Rajkanika for adjudication in accordance with law. While adjudicating the matter, the Tahasildar, Rajkanika issued notice to the Petitioner from which he came to know about filing of R.P. Case No.7668 of 2002. However, due to non-participation of the Opposite Party No.3, the said revision could not be disposed of. While the matter stood thus, the Opposite Party No.3 after lapse of seven years, filed another revision in R.P. Case No.91 of 2009 under Sec. 15(b) of the Act and considering the same, the impugned order under Annexure-7 has been passed.