LALMATI DEI Vs. CHAMPABATI DEI

JUDGEMENT

(1.) THIS Civil Revision, under Section 13 of the Orissa Merged Territories (Village Offices Abolition) Act, 1963, (in short 'the Act') has been fifed by one of the co -sharers of the village officer against the order of the Member, Board of Revenue, in second appeal remitting back the proceeding to the Revenue Officer for further enquiry in respect of plot Nos. 270 and 544 only.

(2.) MR . S.C. Ghosh, the learned counsel for the petitioners submitted that on a wrong interpretation of the proviso to Section 5 of the Act added retrospectively to Section 5 by Section 2 of Orissa Act 33 of 1976; the Member, Board of Revenue, has not remitted back the proceeding in respect of other plots merely because they were recorded in revenue papers as water reservoirs. According to Mr. Ghosh it is a clear case of error of law.

(3.) ON the plain reading of the proviso it is clear that the following conditions are to be satisfied for the applicability thereof :