PARBATI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners in this writ application challenged the legality of order passed by the Commissioner, Land Records and Settlement. Orissa in R.P. Case No. 556 of 1996 filed under Section 32 of the Orissa Survey and Settlement Act, 1958.

(2.) THE opposite parties 3 and 4 filed a revision before the learned Commissioner under Section 32 of the Orissa Survey and Settlement Act against the order dated 30th December, 1995 passed by the Additional Settlement Officer, Cuttack in S.A. No. 470 of 1995 and the same having been allowed, the present writ application has been filed.

(3.) THE present petitioners raised two objections before the learned Commissioner. The first objection is a technical one and was contended that against the order passed in seven objection cases, seven appeals and seven revisions should have been filed and, therefore, neither one appeal nor one revision is maintainable. The other objection raised by the petitioners was that after dismissal of Title Appeal, when Narayan Panda was contemplating to file Second Appeal, a compromise was arrived at between the parties and a deed of acknowledgement of adoption was executed on the basis of which the petitioners claim title over the properties. The said acknowledgement of adoption having been accepted by the Courts below, the revisional Court should have also accepted the same and disallowed the revision.