SOBHANAPURAM MOHAN RAO Vs. TRINATH BISWALO

JUDGEMENT

(1.) THE petitioners filed an application under Section 1 (5 (1) (c) of the Orissa Land reforms Act (hereinafter to be referred to as the Act) for eviction of opposite parties 1 to 7 who are admittedly tenants under the petitioners. This application was dismissed for default on 2-12-1968 by the order of the Revenue Officer (Annexure 1 ). The petitioners filed an appeal before the S. D. O. , Parlakhemedi, under Section 58 of the Act; the appeal was allowed and the case was remanded to the Revenue Officer for disposal on merits. Against the appellate order opposite parties 1 to 7 filed a revision application under Section 59 (1) of the Act The A. D. M. (Executive), Ganjam held that an appeal against the order of the Revenue officer did not lie under Section 58 and so also a revision was not maintainable under Section 59. In the penultimate paragraph of his judgment he, however, examined the merits of the case and came to the conclusion that the order of dismissal passed by the Revenue) Officer cannot be challenged under the provisions of the O. L. R. Act. It is against this order (Annexure 3) that the writ application has been filed under Articles 226 and 227 of the Constitution.

(2.) THE order of the A. D. M. , Executive, (Annexure 3) is wholly confused and is the outcome of ignorance of law-An order of eviction passed under Section 15 (1) (c)of the Act is appealable under Section 58 of the Act which runs thus:--

(3.) SECTION 59 prescribes the revisional authority and power. It runs thus: