MAGUNI PRADHAN Vs. COMMISSIONER OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) DOES power of Commissioner of Consolidation to act in terms of Section 37 become inoperative after a notification under Section 41 is issued under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (in short 'the Act') is the core question that falls for determination in this writ application.

(2.) SINCE the dispute revolves round a conjoint reading of two provisions of the Act, detailed reference to the factual aspects is unnecessary. Stated in short, the factual position is as follows :

(3.) SECTIONS 37 and 41 so far as they are relevant read as follows :