GANESH PRASAD DAS Vs. TAHASILDAR AND ORS.

JUDGEMENT

(1.) IN this writ application, the petitioner Challenges the correctness of the order dated 18 -11 -1895 passed by the Tahasildar, Dhamnagar, in Misc. Case No. 368/87 which had been initiated under Rule 34 (e) of the Orissa Survey and Settlement Rules, 1962 (hereinafter called the 'Rules'). The Tahasildar refused to correct the record -of -rights in respect of plot Nos. 1944 and 1945 in M. S. Khata No. 1057 on the ground that the application strictly did not come within the purview of the Tahasildar under Rule 34 (e).

(2.) RULE 34 which is contained in Chapter -IV of the Rules relates to question of maintenance of record -of -rights arid map. Chapter -IV of the Rules' derive sustenance from Section 16 of the Orissa Survey and Settlement Act, 1958 (hereinafter called the 'Act'). Fop convenience, Section 16 is extracted hereunder :

(3.) BEFORE parting with the case, it is necessary to deal with a contention which had been raised by the learned Additional Standing Counsel on behalf of the State. Referring to the Orissa Survey and Settlement Manual, 1984 Edition, published by the Cuttack Law Times, the learned Additional Standing Counsel contended that Rule 34(e) of the Rules has been deleted. Reference to the relevant page in the book published by the Cuttack Law Times indicated as if Rule 34(e) has been deleted by Notification No. 15878 -8 -38/80R, dated 11 -3 -1981. Since a doubt arose as to the correctness of such submission, the concerned Gazette Notification published in the Orissa Gazette. Extraordinary No. 329 dated March 18.1981, was verified and on verification it appears that such publication by the Cuttack Law Times indicating deletion of Clause (e) of Rule 34 does not appear to be correct. In fact, S. R. O. No. 229,81 dated 11th March, 1981, issued under letter No. 15878 -533/80 -R, published in the aforesaid Gazette, only relates to deletion of the words "or authorise any of the subordinate officers to order subject to his approval which was existing in the main part of Rule 34 prior to its deletion. The Cuttack Law Times is a premier publishing house of law books in Orissa for last sixty years or so and it was expected of the said institution to be more careful in the matter.