JHUMPAMANI BEWA Vs. KHETRABASI CHHOTARAY

JUDGEMENT

(1.) THIS revision is directed against an unreasoned order passed by the learned Subordinate Judge, Bhubaneswar, refusing the petition of the defendants (petitioners) Under Section 4(4) of the Orissa Consolidation of Holdings 2nd Prevention of Fragmentation of Land Act, 1972 ('Act' for short).

(2.) THE facts of the case may be stated in brief :

(3.) MR . A. K. Mohapatra appearing for the defendants placed reliance on Sub -section (2) of Section 41 of the Act and urged that in view of the pendency of a revision petition before the Commissioner of Consolidation involving the suit land, despite the notification under Sub -section (1) thereof, the consolidation operation shall not be deemed to have been closed in respect of the said case. He cited a decision reported in 1982 All. L. J. 367 ( Lefasa Rai v. Lekhoo Chamar ) in support of his contention.