(1.) IN this writ petition the petitioner challenges the order dated 28.06.2014 (Annexure -1) passed by the Additional Sub -Collector -cum -Additional Settlement Officer, Jajpur -opposite party No. 3 in Appeal Case No. 16 of 2014.
(2.) THE disputed land appertains to Plot No. 5, Ac. 1.13 decimals under Sabik Khata No. 147 corresponding to Not Final Hal Settlement Plot No. 223/1433 under Not Final Hal Settlement Khata No. 497 (Ka) in mouza -Chorda, P.S. Jajpur Road under Sukinda Tahasil.
(3.) IT is submitted by the learned counsel for the petitioner that since the gift in respect of the disputed land was accepted by the petitioner, opposite party No. 1 could not have unilaterally cancelled the gift deed, particularly when the question of validity of the gift deed is sub -judice before the Civil Court. It is also submitted that the deed of cancellation has been created purportedly on the basis of Board of Revenue Circular No. 3700/IX -84/11/IGR dated 23.05.2011, as per recital made in the said deed, which has no application to the case in hand. It is further submitted that opposite party No. 3 could not have taken recourse to the Amin's enquiry report (Annexure -9), inasmuch as enquiry by the Amin, if any was never conducted in presence of the petitioner or his parents and they were not noticed for any such enquiry. It is, therefore, submitted that opposite party No. 3 could not have passed the impugned order for correcting the draft R.O.R. Learned counsel for the petitioner also submits that the Board of Revenue Circular No. 3700/IX -84/11/IGR dated 23.05.2011 issued by the Inspector General of Registration (IGR), Orissa has been subsequently superseded by Board of Revenue Instruction No. 5488 dated 28.11.2013, a copy of which has been produced for perusal.