LALSUNDAR JHANKAR Vs. SARAT CHANDRA MISRA AND ORS.

JUDGEMENT

(1.) THIS is an application for a writ of certiorari directed against the revisional order of the Board of Revenue in a proceeding arising out of a settlement made under the Orissa Offices of the village police (Abolition) Act, 1964 (hereinafter referred to as the Act). 4. 72 acres of land situated in village Themera in the district of Sambalpur constituted the former Jhankar Jagir. On abolition of office the Petitioner laid claim for settlement of the said land with him. Accordingly V.P.A. Case No. 73 of 1965 -66 was registered before the Tahasildar Sambalpur. He ultimately passed an order of settlement of the land with the Petitioner on 6 -6 -1968. The opposite parties 1 and 2 who were not parties to the proceeding filed an appeal before the Additional District Magistrate of Sambalpur against the order on 16 -1 -1970. The appellate authority dismissed the appeal by refusing to condone the delay in the making of it. Against the Appellant decision of dismissal the opp. parties 1 and 2 carried 11 revision under the Act to the Board of Revenue. The Member, Board of Revenue by the impugned order dated 2 -8 -1973 in Revision case No. 10 of 1971 came to bold,

(2.) MR . Murty for the Petitioner contends:

(3.) IT is not disputed that the general notice is a statutory requirement and since rights to property are to be adjudicated under the act and determination of the dispute should very much depend upon adequate publication of such notice, we agree with the Member, Board of Revenue that due compliance of that statutory requirement is an important condition precedent to the disposal of the proceeding in accordance with law. On an examination of the record the Member, Board of Revenue has not have been his objections to come to hold that there has been no publication. The order sheet of the case (annex. 2) also does not show that there was any such publication and on examination of the record the Tahasildar