SAILENDRANATH MOHAPATRA Vs. SEBATI GOUDUNI AND ORS.

JUDGEMENT

(1.) THIS is a tenant 's application for a writ of certiorari to quash the revisional order passed by the District Collector of Koraput in a proceeding under the Orissa Land Reforms Act (hereinafter referred to as the Act). The original authority decided against the Petitioner. The Petitioner lost before the appellate authority and the impugned order of the Collector is on affirming order in exercise of the revisional jurisdiction.

(2.) THERE is no dispute of existing relationship of landlord and tenant in respect of the disputed property prior to the present litigation. According to the tenant he has been continuing in possession while according to the landlord the tenant voluntarily gave up possession and the landlord entered into possession thereafter.

(3.) MR . Mohanty for the landlord opposite party takes a preliminary objection that a further revision against the impugned order lay to the Board of Revenue and since a statutory remedy was available this Court should not entertain the application for a writ of certiorari as the instance of the Petitioner. We find force in the contention. But since the entire matter was argued, we think it appropriate not to dispose of this petition on the technical ground so as to permit the Petitioner to move the Board again on the same matter in revision. We would accordingly deal with the merits of the matter without disposing of the application on the preliminary point.