AMBIKA DIBYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this Writ Petition, Petitioner has challenged the Order dated 11.12.2000 (Annexure -8) passed by the Commissioner Land Records and Settlement, Orissa, Cuttack in R.P Case No. 2641 of 1998 for correction of R.O.R under the Orissa Survey and Settlement Act.

(2.) THE dispute relates to Hal consolidation plot No. 938 measuring Ac.2.70 decimals (P) out of Ac.7.40 decimals of Hal consolidation Khata No. 759 corresponding to 1973 Sabik KhataP.S. Cuttack Sadar, Dist. Cuttack. Petitioner has filed the revision before the Commissioner, Land Records and Settlement, Orissa, Cuttack, under Section 15(b) of the Orissa Survey and Settlement Act, 1958 against the recording of Hal Plot No. 938, Ac.2.70 Dec. of Mouza Belgachhia.

(3.) THE Commissioner considered all the materials on record and has passed the impugned order Annexure -8 in accordance with law. This Court by exercising jurisdiction under Articles 226 and 227 of the Constitution of India does not act as an Appellate Court. It does not review or reweigh the evidence upon which the determination of the inferior Court purports to have based. It demolishes the order which it considers to be without jurisdiction or palpably erroneous but does not substitute its own view.