NIRAKAR PATRA Vs. NARASINGHA GANTAYAT AND ORS.

JUDGEMENT

(1.) THE Petitioner Nirakar Patra in this writ application has sought to challenge an order dated 6.11.1993 passed by the Member, Board of Revenue, in O.L.R. Revision Case No. 126 of 1983.

(2.) LEARNED Counsel for the Petitioner contends that one Narasingha Gantayat (O.P. No. 1) was a tenant of Bhikari Sahu (since deceased) in respect of Ac.11.88 dec. of land. The OLR Case No. 193 of 1975 was started by O.P. No. 1 under Section 36 -A of the Orissa Land Reforms Act (in short 'O.L.R. Act') for declaring the land as "non -resumable" and by order dated 23.2.1976, the Revenue Officer after taking evidence and consulting with the members of local village committee, declared that O.P. No. 1 -Narasingha Gantayat was a "tenant" and the disputed land was "not resumable".

(3.) IT appears that the Collector, Koraput made a reference under Section 59(2) of the O.L.R. Act and on the basis of that reference, O.L.R. Revision No. 126/83 was started before the Member, Board of Revenue and in the said revision case, no notice was served on the Petitioner nor was he made a party and as such, was unaware of the proceeding. On 2.6.1987, the Member, Board of Revenue was pleased to set aside the order of the Revenue Officer passed in O.L.R. Case No. 193/75. On learning of the same, the Petitioner came and filed the writ application in O.J.C. No. 2246 of 1987 before this Court, challenging the order of the Member, Board of Revenue dated 2.6.1987. By the order and judgment dated 14.11.1991, the aforesaid writ application was allowed and the matter was remanded to the Member, Board of Revenue for re -disposal, after giving an opportunity of hearing to the Petitioner. The present impugned order dated 6.11.1993 under Annexure -7 is the result and outcome thereof whereby, the Member, Board of Revenue has been pleased to once again reject the contention of the present Petitioner and has set aside the earlier order passed in O.L.R. No. 193/75.