BIJAY KUMAR JALLY Vs. MEMBER, BOARD OF REVENUE

JUDGEMENT

(1.) CHALLENGE has been made in this writ application to the order dated 17th July, 1993 passed by the Member, Board of Revenue, Orissa in OLR Revision Case No.43 of 1991 in a reference under Section 59(2) of the Orissa Land Reforms Act, 1960 (hereinafter referred to as "the Act") setting aside the order dated 15.10.1991 passed by the Addl. District Magistrate, Puri in OLR Appeal Case No.23 of 1984 and confirming the order dated 25.11.1983 passed by the Revenue Officer, Puri in OLR Misc. Case No.5 of 1983.

(2.) THE facts as narrated in the records are as follows :

(3.) LAW is well settled that no authority other than the Parliament by law can amend the Presidential Order. Neither the State Government nor the Courts or Tribunals or any other authority can assume jurisdiction to hold enquiry or take evidence to declare that a caste or a tribe or a part of or a group within a caste or tribe is included in the Presidential Order in one entry or the other although they are not expressly and specifically included in the said order. The Amending Act of 2002 was published on 18.2.2002 and entry No.24 was substituted by adding 'Dhibara, 'Keuta, 'Kaibarta to 'Dewar. A bare reading of the Statement of Objects and Reasons reveals that the amendment was by way of modification which became necessary in view of the directives of the apex Court in the case of Bhaiya Ram Munda v. Anirudh Patar and others reported in AIR 1971 SC 2533 and in the case of Zile Singh v. State of Haryana and others reported in AIR 2004 SCW 5842 wherein the apex Court has held as follows :