PARSURAM DOBEI Vs. BICHHANDA CHARAN JENA

JUDGEMENT

(1.) By this writ application the petitioner assails the judgment passed by the Additional District Magistrate (LR), Balasore, in O.L.R. Revision No.23 of 1981 by which the order dated 19-7-1981 passed by the Sub-divisional Officer, Bhadrak in O.L.R. Appeal No. 59 of 1979 has been set aside.

(2.) The proceeding in this case is under the Orissa Land Reforms Act, 1960 (hereinafter called the 'Act') which is a piece of beneficial legislation to ensure the. rights and privileges of tenants in relation to the landlord.

(3.) A brief narration of the facts leading to the present writ petition is that the opposite party No. 1 filed an application u/s.15(1)(b) of the Act for determination of his possession as well as the benefits accrued to him as a tenant under the landlords Parsuram Dwibedi, present petitioner No.1, and late Basudeb Dwibedi. The learned Revenue Officer rejected the application of the opposite party No.1. Thereupon, the opposite party No.1 preferred an appeal before the Sub-divisional Officer, Bhadrak challenging the order passed by the Revenue Officer rejecting his application u/s.15(1)(b) of the Act. During the pendency of the appeal, the opposite party No.1 also filed an application u/s.36-A of the Act for a declaration that the land was non-resumable and also for a declaration that he was a royat under the State. That application was registered as O.L.R. Case No.12 of 1976. The learned Revenue Officer rejected the application u/s. 36-A on the ground that there was a finding by the Revenue Officer in O.L.R. Case No.1/73-74 in the application under S.15(1)(b) that the opposite party No. 1 is not a tenant. Against that order, the opposite party No. 1 did not prefer any appeal or revision. O.L.R. Appeal No. 59 of 1975 arising out of the application u/s.15(1)(b) filed by the opposite party No. 1 was dismissed on the ground that since the application u/s.36-A filed by the opposite party No. 1 had been rejected and that decision had not been challenged in appeal or revision, it operated as res judicata. Opposite party No. 1 took the matter in revision before the Additional District Magistrate (LR), opposite party No. 2, in O. L. R. Revision No. 23 of 1981. The revisional authority allowed the revision and that is how the present writ application has been filed by the landlords.