KALICHARAN Vs. BENGA

JUDGEMENT

(1.) Jayadeb Biswal (petitioner in O.J.C. No. 493 of 1978) filed an application on 15-1-1977 before the Revenue Officer, Nimapara, under S.36-A, Orissa Land Reforms Act (for short, "the Act") for a declaration that the land, 1.10 acres in extent, appertaining to plot No. 1665 under Khata No. 308 and plots Nos. 1638 and 1640 under Khata No. 386 in Mouza Biswalsahi in the district of Puri which was under his cultivation as a tenant was non-resumable and for determination of fair and equitable rent and the compensation payable by him. The application was registered as O.L.R. Case No. 2704 of 1976. Notice was issued to Kalicharan Paikray (petitioner in O.J.C. No. 467 of 1978) arrayed as the landlord. A proclamation inviting objections was also issued. By order dated April 19, 1977, the Revenue Officer called for a report from the Revenue Inspector and directed consultation with the local committee. By May 17, 1977 neither report from the Revenue Inspector nor from the Local Committee had been received. So, the case was directed to be called on May 20, 1977. On that day, the following order was passed:

(2.) On July 23, 1977, Benga Bewa (petitioner in O. J.C. No. 122 of 1980) filed an application for recall of the order dated May 20, 1977, aforesaid and for rehearing of the case on merits. She alleged that she had purchased the property by sale deed dated February, 9, 1954 and was in possession and enjoyment since then. The proceeding was collusive in nature and a decision had been obtained on distorted facts by suppressing the true facts and notice.

(3.) Notice was issued to the parties on the application. Though Jaydeb and Kalicharan entered appearance through counsel, Jaydeb alone filed objection controverting the allegations made by Benga. The Revenue Officer held that there was no due proclamation and by the time the decision was taken on May 20,1977, there was no valid report of the local committee before the Court. Having so held, he observed that the matter was a fit one for reference to the Board of Revenue for exercise of its revisional jurisdiction, through proper channel. This decision of the Revenue Officer dated February 14, 1978 is under challenge in O. J. C Nos. 467 and 493 of 1978 filed by Kalicharan and Jaydeb respectively. Benga has also moved this Court in O.J.C. No. 122 of 1980 for the nullification of the order dated May 20, 1977.