STATE OF ORISSA Vs. RAMESWAR PATABISI

JUDGEMENT

(1.) This is an application under Section 13 (3) (a) of the Orissa Merged Territories (Village Offices Abolition) Act, 1962 (Orissa Act 10 of 1963) (hereafter referred as the "Act") directed against the appellate order of the Board of Revenue.

(2.) Under the provisions of the Act. Gountiship of village Dainidihi within the district of Sundergarh was abolished. The opposite party was the Gountia of the said village until abolition of that office. Under the provisions of the Act, Bhogra lands as defined under Section 2 (b) of the Act vested in the State Government under the provisions of Section 3 (f) and steps were taken to settle the same under Section 5 (1) of the Act. While preparing the final zamabandi, the Tahsildar left out five plots being plot Numbers 85, 123, 124, 129 and 129/1. According to the opposite party, the Tahsildar omitted to consider his claim in regard to the first two plots and disallowed the claim in regard to the other three plots on the ground that they were recorded as Jalput (water reservoir). The opposite party preferred an appeal before the Collector as provided under Section 13 (1) of the Act and having failed to get relief came in second appeal before the Board of Revenue under Section 13 (2) thereof. The Member. Board of Revenue by order dated 17th of May. 1974, vacated the decision of the Tahsildar and the Additional District Collector and directed the opposite party's claim to be accepted, subject to easementary rights of villagers, if any. The State of Orissa has come up in revision being aggrieved by the second appellate order of the Board.

(3.) This revision came up for hearing before the learned Chief Justice and two single Judge decisions of my learned brother were cited during hearing being the judgment in Civil Revn. No. 217 of 1973* (Khyamasila Rout v. Kalindi Behera) delivered on 8-11-1974 and the case of Kia Puteluni v. Ghasana Naikani, (1973) 1 Cut WR 203. The learned Chief Justice directed the revision to be heard by a Division Bench so that the correctness of the said judgments may be examined by a large Bench.