PARIKHITA DAS Vs. COMMISSIONER CONSOLIDATION, ORISSA CUTTACK

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned counsel for the State.

(2.) IN this writ application, the petitioner calls in question the order passed by the Commissioner, Consolidation, Orissa, Cuttack in R.P.No. 315 of 2003, whereunder the said Commissioner, while dealing with the Revision Petition filed by the petitioner under Section 15(b) of the Orissa Survey and Settlement Act, (for short, 'the Act) rejected the said Revision Petition on the ground of limitation.

(3.) A bare reading of the said section clearly shows that an application under Section 15(b) of the Act can be filed within the period of one year from the date of final publication of the Record of Rights. Though period for preferring the revision has been prescribed as one year but it has been provided that the Board of Revenue can revise the Record of Rights within one year from the date of publication of the Record of Rights or thereafter but not to affect any order of the Civil Court passed under Section 42 of the Act.