BACHANA KUMARI DEI Vs. STATE OF ORISSA

JUDGEMENT

(1.) The present writ petition has been filed questioning the legality, validity and propriety of order dtd. 26/4/2008 passed in O.E.A. Revision No.52 of 1999 (Annexure-7) by the learned Member, Board of Revenue, Odisha, Cuttack where under order dtd. 14/11/1979 (Annexure-1) passed by the O.E.A. Collector-cum-Tahasildar, Kujanga in O.E.A. Misc. Case No.15 of 1979 has been set aside by the learned Member, Board of Revenue, Odisha, Cuttack.

(2.) Upon a careful examination of the impugner order dtd. 26/4/2008 passed by the Member, Board of Revenue, Odisha, Cuttack, it is seen that the revision petition was initially dismissed for default on 24/8/2002 and thereafter the same was restored by order dtd. 15/9/2006. The said order further reveals that after the OEA Revision Case was dismissed for default, the original case record of OEA Misc. Case No.15 of 1979 was returned to the office of the Tahasildar, Kujang vide Memo No.1344 dtd. 9/10/2002 and the same was received on 21/10/2002 by the Nazir of Kujang Tahasil.

(3.) However, after restoration of the O.E.A. Misc. Case No.15 of 1979, the original record was again called for from the office of Tahasil, Kujang. The Tahasildar, Kujang vide letter dtd. 14/11/2007, reported that the original case record of the above noted case is not traceable in his office. When reminders were given to send the original record of the above noted O.E.A. Misc. Case, the Tahasildar, Kujang reiterated the previous reply and took a stand that the original records are not traceable in his office.