STATE OF ORISSA Vs. BHASKAR DUTTA

JUDGEMENT

(1.) Present appeal at the instance of the State authorities, viz., the Collector, Bhadrak and the Tahaslidar, Chandbali is directed assailing order dtd. 19/9/2018 of the learned District Judge, Bhadrak passed in R.F.A. No.42 of 2017.

(2.) The substantial question involved in the present appeal is to the limited extent that, whether the lower appellate court is justified in rejecting the appeal on the ground of delay?

(3.) Before dealing with the substantial question, the facts stated in brief are to the effect that, the present Respondent, namely, Bhaskar Dutta filed T.S. No.11/98 in the court of the learned Civil Judge (Sr. Divn.), Bhadrak praying for declaration of right, title, interest and confirmation of possession as well as permanent injunction over an extent of land measuring area Ac.4.40 decimals of mouza- Farshibandha in the district of Bhadrak. His claim for declaration was based on the order passed in favour of his late father in Suo Moto Case bearing No.1562/1980 under Sec. 4(2) of the Orissa Land Reforms Act, 1960 and further, his continuous and uninterrupted possession over the suit land. As per his (Plaintiff) claim, the Revenue Officer has settled the suit land in favour of his father declaring him to be a rayat subject to payment of premium fixed. But in the last settlement operation, taking advantage of absence of the Plaintiff in the village, the suit land was recorded as 'Gochar' and 'Abadyajogya Anabadi' in M.S. Khata No.159.