DAITARY ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Article 226 of the Constitution of India, the petitioner has called in question the order dated 16.2.1993 passed by the Member, Board of Revenue, Orissa, Cuttack in O.E.A. Revision case No. 13 of 1992 by exercising the power of revision under Section 38(B) of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as 'the Act'). - -

(2.) THE ex -intermediary, the Raja of Kanika accepting the petitioner as a tenant over the land appertaining to Hal Plot No. 431 under Hal Khata No. 493 in mouza Pattia accepted rent from him and granted rent receipts. It is the case of the petitioner that upon vesting of intermediary interest under the Act 'Ekpadia' was submitted by the Raja of Kanika being the ex -intermediary in which the name of the petitioner was shown as tenant in respect of the aforesaid land. In Misc.Case No. 36 of 1981, the O.E.A. Collector after calling for a report from the Revenue inspector settled the land under Section 8(1) of the Act in favour of the petitioner and the petitioner continued to possess the said land. Subsequently, the Collector -Opp. Party No. 3 on certain allegations referred the matter to the Member, Board of Revenue -Opp. Party No. 2 and the said Opp. Party No. 2 by the impugned order set aside the settlement made in favour of the petitioner by the O.E.A. Collector.

(3.) MR . R. K. Mohanty submits that the order passed by the O.E.A. Collector under Section 8(1) of the Act being an administrative order, the Board of Revenue has acted without jurisdiction in exercising its power under Section 38(B) of the Act and setting aside the order of settlement passed in favour of the petitioner by the impugned order under Annexure -1 to the Writ Petition.