TARUN KUMAR ROUT Vs. STATE OF ODISHA

JUDGEMENT

(1.) Impugned order dtd. 26/12/2008 (Annexure-4) passed in OEA Revision Case No.110 of 2008 by the learned Member, Board of Revenue, Orissa, Cuttack (O.P.No.4) setting aside order (Annexure-1) of the learned OEA Collector-cum- Tahasildar, Sukinda (O.P.No.3) passed in OEA Misc. Case No.01 of 1983 has been questioned at the instance of the Petitioner on the grounds inter alia that it is untenable in law and therefore, liable to be quashed in exercise of extra-ordinary jurisdiction of this Court under Article(s) 226 and 227 of the Constitution of India, 1950.

(2.) As pleaded, the ex-Ruler of Sukinda estate had granted a lease in favour of the Petitioner's father of Ac.2.70 dec. of land in 1945 morefully described in the schedule for the purpose of cultivation. It is claimed that the father of the Petitioner possessed the schedule land and continued to cultivate it with payment of annual rent to the ex-Ruler. Then, it is further pleaded that in the year 1952-53, the Sukinda estate stood vested in the State as per the provisions of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as 'the OEA Act').

(3.) Heard Mr. A.K. Sarangi, learned counsel for the petitioner and Mr. D.K. Mohanty, learned AGA appearing for the State.