PREMALATA PATNAIK Vs. JOINT COMMISSIONER, SETTLEMENT AND CONSOLIDATION

JUDGEMENT

(1.) The challenge before the learned Single Judge in the writ petition by the Appellant was to an order passed by the Joint Commissioner, Settlement and Consolidation, Berhampur dismissing her revision petition being SRP No.659 of 2017 under Sec. 15(b) of the Orissa Survey and Settlement Act, 1958. Strangely, the revision petition questioned an order passed by the Tahasildar, Berhmpur which was even passed twenty-seven years earlier, whereby the entry in the Record of Right (RoR) in respect of the land in question was made in favour of the Berhampur Municipality. In seeking to explain the delay in approaching the Joint Commissioner, the Appellant filed an application under Sec. 5 of the Limitation Act where in para 2, she stated as under:

(2.) In its reply to the SRP No.659 of 2007, the Berhampur Municipality pointed out that the Appellant had not challenged the RoR by filing any case in any civil Court or the settlement Court, although thirty years had elapsed from the date of final publication of the RoR.

(3.) In an order dtd. 17/8/2010 dismissing the above revision petition SRP No.659 of 2007, the Joint Commissioner noted that even on merits, the Appellant failed to place documents to establish her title to the property in question.