SAILABALA @ KRUSHNAPRIYA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER has impugned the order dated 23rd June, 2004 passed by the Commissioner, Consolidation & Settlement, Cuttack in Revision Petition No.322 of 2003 dismissing the revision on the ground of limitation.

(2.) LATE Sarada Parida is the mother of the present petitioner and opposite party nos.4, 5 and 6. Hal Khata No.261 containing plot no.227 measuring Ac.0.14 decimals, plot no.21 measuring Ac.0.20 decimals and plot no.22 measuring Ac.0.09 decimals stands recorded in the name of aforesaid Sarada Parida. The Hal Record of Rights was finally published on 05.02.1988 in favour of the aforesaid Sarada Parida so far as the land in question is concerned. By that time Sarada Parida was dead. The petitioner, on 26.09.2003 preferred the revision with a prayer to record the land in the name of the petitioner herself and opposite party nos.4, 5 and 6. It was further prayed before the revisional authority to delete the "forcible note of possession" made in the Hal R.O.R. in favour of present opposite party nos.7, 8, 9 and 10. Learned revisional court dismissed the revision solely on the ground of delay, as there was delay of more than 15 years in preferring the revision. Before the revisional court all the opposite parties were set ex parte except opposite party no.6 (present opp. party no.9). So far as the present writ petition is concerned, though notice was issued to opposite party nos.4 to 10, they refused to accept notice and the same was served through affixture on their refusal. Notice having been served through affixture on refusal by opposite party nos.4 to 10, service of notice is to be held as sufficient. In spite of such service of notice, opposite party nos.4 to 10 have chosen not to appear in the case.

(3.) MR . Siddharth Mishra, learned Addl. Govt. Advocate on the other hand supports the impugned order and submits that, by no stretch of imagination the revision can be said to have been filed within a reasonable time, as the same has been filed after about 15 (fifteen) years of the final publication of the R.O.R.