LAWS(ORI)-1977-7-14

CHAITANYA MOHAPATRA Vs. STATE OF ORISSA

Decided On July 04, 1977
Chaitanya Mohapatra Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS is an application which has been made under Section 12(2) of the Orissa Prevention of Land Encroachment Act 1972 seeking revision of the order of the Additional District Magistrate, Puri, passed on 22 July 1975 in his Revision Case No. 17 of 1974.

(2.) THE applicant Chaitanya Mohapatra is, on his own admission, in unauthorised occupation of 34 decimals of land out of Plots Nos. 282 and 1293 (370) of Khata No. 385 in Mouza sinduria in Ranpur tahsil. Rent was assessed in terms of Section 4 of the Orissa Prevention of Land Encroachment Act and an order of eviction passed under Section 12(2) of the Act. The order of the Tahsildar was upheld in first revision. The order in appeal is incoherent and hardly judicial.

(3.) IN the Act as it was before the amendment, the Board of Revenue could revise any decision or order made under the Act by the Collector.