NIDHI NAIK Vs. BHIKARI NAIK AND ANR.

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution the order of the Revenue Divisional Commissioner, Central Division, dated 30th September 1961 in Revision Case No. 6/59 -60 was challenged on the ground that he had no jurisdiction to interfere with the order of the District Magistrate of Puri.

(2.) THE material facts are as follows:

(3.) THE obvious answer to this contention is that the right of appeal and revision accrued to a party on the date on which the original order was passed by the Sub -divisional officer, viz. the 14th October, 1957 appointing the Petitioner as the Choukidar and the subsequent amendment to the Act and the rules charging the forum will not affect the right which accrued on the first date. Moreover, even though Section 50 of the Act was amended by Orissa Act V of 1957, the notification appointing the State Government as the "prescribed authority" for the purpose of that section was issued only on the 29th April 1959; whereas, the order of the District Magistrate of Puri in this case was passed prior to that date, i.e., on 24th February 1959. Rule 250 of the Grama Panchayat Rules has not yet been amended by the State Government. For the purpose of disposing of this writ application we need not consider whether the Commissioner will have controlling powers under Rule 250 in respect of any orders that may be passed by the District Magistrate after 29th April 1959. But the Revenue Divisional Commissioner has undoubtedly jurisdiction to entertain revision petitions in respect of all such orders passed prior to that date.