GURU CHARAN PATNAIK Vs. CONSOLIDATION COMMISSIONER, ORISSA

JUDGEMENT

(1.) THE dispute in the present Writ application arises out of a consolidation proceeding.

(2.) THE disputed properties measure about Ac.0.82 dec. appertaining to Plot Nos.2051, 2005, 1583, 1590 and 1791 and Khata No.286 situated in Mouza Baingol in the district of Cuttack. The petitioner, opposite party No.5 and one Pravakar father of opposite party No.4 are the sons of late Kelu Charan. It is asserted that the properties in question, were the joint family properties. The petitioner who was an employee in the Police Department was staying outside his village and opposite parties 4 and 5 were staying in the village and were looking after the properties of the family. In the year 1955, the petitioner paid some money to opposite parties 4 and 5 to enable them to purchase the disputed properties from one Brajananda Biswal and Jadumani Biswal for a consideration of Rs.800.00, the entire amount being paid by the petitioner. But then taking advantage of the absence of the petitioner in the village, the said opposite parties got the sale deed executed in their names.

(3.) THE said order, according to the petitioner, could not be assailed in appeal as the petitioner became ill. After his recovery from illness the petitioner filed a Revision Case before the Commissioner of Consolidation, Orissa, Cuttack under Section 36 of the Act, registered as Revision Case No.423 of 1985 along with a petition under Section 5 of the Limitation Act to condone the delay. The Commissioner, however, refused to condone the delay and dismissed the Revision Case.