SHYAMA SUNDAR PANI Vs. REVENUE DIVISIONAL

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India arising out of O. L. R, Case No. 70 of 1975 initiated under the Orissa Land Reforms Act, 1960 (hereinafter referred to as the 'Act').

(2.) OPPOSITE party No. 4 Dibakar Panda made an application under Section 15 of the Act for a declaration that he is a tenant under the present petitioner. The Revenue Officer, Chandbali (opposite party No. 3) by his order dated 19. 8. 76, on consideration of the evidence on record, held that opposite party No. 4 is a Bhag tenant under the petitioner in respect of the and in question. On the basis of the evidence on record, he further held that the Bhag tenancy of opposite party No. 4 is established which needs to be protected. Accordingly, opposite party No. 4 was declared as a Bhag tenant under the petitioner in respect of the land in question with a direction that opposite, party No 4 shall pay one -fourth the gross produce of the land as rent to the petitioner. Opposite party No. 4 was however, advised by the Revenue Officer to file an application under Section 35 -A of the Act for declaration of his rayati right over the land in question. The petitioner being aggrieved by the order of the Revenue Officer preferred an appeal under Sec, 58 of the Act without success. Being undaunted, he went up in revision and the revisional authcrity. dismissed the revision and confirmed the order of the Revenue Officer.

(3.) FOR the reasons stated above, we do not find any infirmity in the orders passed by - the authorities below 'In the result,, the writ application is without merit and, it is accordingly dismissed. We make no order for costs. S.C. Mohapatra, I,agree.