DEBENDRANATH PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE order passed by Member, Board of Revenue, Orissa on a reference made by Land Reforms Commissioner, Orissa under Section 59 (2) of the Orissa Land Reforms Act, 1960 (in short, the 'Act') is the subject -matter of challenge. The Member while remitting the matter back to the Tahasildar for fresh consideration in view of several procedural infractions, gave certain observations on merits also.

(2.) MR . A. R. Das, learned counsel for petitioner submitted that the order passed by the Member suffers from various infirmities. It is submitted that the Revenue Officer passed the order by virtually reviewing his earlier order and that is not permissible in view of limited scope of Section 60 of the Act. Additionally it is submitted that when the matter was being remitted to take care of procedural aspects, no finding on merits should have been recorded. Mr. N. Prusty, learned counsel for State supported the order stating that the material aspects on which the Tahasildar was to act have been indicated by the Member. Learned counsel for opp. party No. 5 adopts the stand of petitioner.

(3.) POWER of review under Section 60 of the Act is restricted to clerical mistake or error. While dealing with an almost identical case under Rule 83 of the Orissa Sales Tax Rules, 1947 (in short, the Rules') read with Section 152(1) of the Code of Civil Procedure, 1908 (in short, the 'CPC'), it was observed by the apex Court in Master Construction Co. (P) Ltd. v. State of Orissa and Anr. : AIR 1966 SC 1047, that the rule in question empowers the authority to correct any arithmetical or clerical mistake or any error apparent on the face of the record arising or occurring from accidental slip or omission in an order passed by him or it was observed that the jurisdiction of the authority under the said rule is limited and is confined only to the correction of mistake or omissions mentioned therein. An arithmetical mistake is a mistake of calculation a clerical mistake is a mistake in writing or typing. An error arising out of or occurring in an accidental slip or omission is an error due to careless mistake or omission unintentionally made. But such a power cannot be exercised in case where a first look at the materials or the point involved is necessary.