GANDHARB SAMAL Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioners in these writ applications seek to challenge the revisional order dated 19 -2 -1982 of the Member, Board of Revenue, Orissa (opposite party No. 2) cancelling the leases granted to the Petitioners by the Tahasildar, Salipur Tahasil (opposite party No. 3). Since the impugned orders in all the writ petitions are similar and the cases involve common questions of fact and law they have been heard together with the consent of the parties and they shall be disposed of by this judgment.

(2.) THE Petitioners in their writ applications challenge the aforementioned order of the Member, Board of Revenue on the grounds, inter alia that the revisional authority should not have entertained the applications filed by the opposite party Nos. 4 to 7 since the appeals filed by the said opposite parties were pending before the Deputy Director, Consolidation, Range -I, Cuttack (opposite party No. 8) and the appellate authority is fully competent to consider questions relating to right, title and interest in the disputed land. The Petitioners further contend that the observations/findings by the Member, Board of Revenue, the highest revenue authority in the State who is vested with the powers to superintend and regulate all measures under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the 'Consolidation Act') is bound to prejudicially affect the case of the Petitioners in the appeals pending before the opposite party No. 8. On these submissions, the Petitioners, pray for quashing the order of the Member, Board of Revenue, Annexure -4.

(3.) SHRI N.K. Das, the learned Counsel for the Petitioners has raised the following contentions: