LAWS(ORI)-2008-8-46

UMAKANTA SAMAL Vs. SAKUNTALA SAHOO

Decided On August 12, 2008
Umakanta Samal Appellant
V/S
Sakuntala Sahoo Respondents

JUDGEMENT

(1.) THIS writ appeal has been filed challenging the judgment and order dated 17.8.2005 passed by the learned Single Judge by which the order dated 2.1.2004 passed by the Collector, Bhadrak in OLR Revision Nos. 2 and 3 of 1999 has been set aside.

(2.) THE facts and circumstances giving rise to this case are that the appellants filed two applications under Section 9(1) of the Orissa Land Reforms Act, 1960 (hereinafter called 'the Act) before the Revenue Officer, Chandbali for declaring them tenants in respect of certain land situate in mouza Balabhadrapur. Both the applications were taken up together by the Revenue Officer. For deciding the cases, the following three issues were framed :

(3.) BEING aggrieved, the landlord (respondent herein) filed Revision/reference Case Nos. 2/99 and 3/99 under Section 59(2) of the Act. While deciding the said cases, the Reference/Revisional Authority made reference to the facts and abruptly reached the conclusion as under :