BRAJA KISHOR NANDA Vs. COMMISSIONER, CONSOLIDATION, ORISSA, BHUBANESWAR

JUDGEMENT

(1.) The Writ Petition involves a challenge to the order passed by the Commissioner, Consolidation, Bhubaneswar involving Revision Case No.82 of 2004.

(2.) Background involving the case is that the case under Sec. 37(2) of the OCH and PFL Act initiated by the Petitioner was remanded to the Consolidation Officer, Puri with direction for undertaking appropriate exercise for consideration of the case of the Petitioner in the consolidation operation going on there. It appears, based on such order, the Consolidation Officer undertook an exercise under Sec. 9 of the OCH and PFL Act and finally, vide order dtd. 22/4/2002 directed recording in favour of the Petitioner the land extending Ac.0.95 instead of Ac.0.82. An appeal being filed, the Appellate Authority interfered with the impugned order on two premises. Firstly, there was no challenge to the previous settlement recording and as such, the Consolidation Officer should have acted on the unchallenged Record of Right. The second ground of interference by the Appellate Authority being based on disposal of an O.E.A. Proceeding, vide O.E.A.No.1068/64. Mr.Mishra, learned counsel alleged, the Revisional Authority also accepted the findings of the Appellate Authority and thereby confirmed the order of the Appellate Authority in taking out the order of the Consolidation Officer.

(3.) Taking this Court to the observation in the appellate order, an attempt is made by the learned counsel for the Petitioner to justify that there was no recording to the effect that disclosure on particular land involving such proceeding. Further it is alleged, this O.E.A. Proceeding involved a private plot. In the circumstance, learned counsel for the Petitioner submitted that for there is no clear disclosure through the O.E.A. order, sufficient opportunity should have been provided to the Parties to satisfy their further case instead of unreasoned and unexplained order passed by the Appellate Authority. Same allegation is made involving the conduct of the Revisional Authority. In the circumstance, Mr.Mishra, learned counsel prays this Court interfering with both the orders and remitting the matter to the appellate stage for at least a fair trial.