SARAT KUMAR BAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners, who are the son and daughter of Late Gopinath Bal, has filed this writ petition assailing the ex parte decision dated 18.3.2005 taken by the Member, Board of Revenue, Orissa, Cuttack in O.E.A. Revision No.139 of 2000 under Section 38 -B of the Orissa Estate Abolition Act, 1951 annulling the order of the Additional Tahasildar -cum -OEA Collector, Sukinda passed in OEA Lease Case No. 69/77 dated 9.2.78/15.2.78 and directing to restore the land to the Government by recording the same in the Government khata.

(2.) THE fact of the case, in nutshell, is that Sukinda Estate vested with the State Government on 27.11.1952. The O.E.A. Case has been filed in 1977, i.e. 25 years later and registered as OEA Lease Case No. 69/77 by Late Gopinath Bal for settlement of the suit plots, such as Ac.1.00 out of plot no. 162 Ac.41.20 and Ac.0.50 out of plot no.41 Ac.344.50 on the ground that he was in possession of the same since last 19/20 years and has shown mis -receipt from the Sukinda Estate soon before vesting of the estate. The classification of the land is "Anabadi Sala Jungle" and it is stated that on the basis of payment of patta salami and display of receipt since 1952 -53, the same should be settled in his favour. The O.E.A. Collector by order dated 9.2.1978/15.2.1978 directed for settlement of the land in favour of Late Gopinath Bal in O.E.A. Lease Case No. 69/77.

(3.) NOTICE was issued to the son and daughter of Late Gopinath Bal, who are the present petitioners before this Court and they entered their appearance through their counsel Mr.S.Das, but they remained absent during hearing of the revision case even though notice was duly served on them. Therefore, they were set ex parte. Earlier Mr.S.Das, learned counsel had filed written note of argument and the same has been taken into consideration by the Member, Board of Revenue, who on perusing the lower court record and report of the Tahasildar, Sukinda, passed the impugned order.