SURENDRA NATH PANDA Vs. LAXMIDHARA PANDA

JUDGEMENT

(1.) IN this writ petition, the Petitioner Surendranath Panda has sought to challenge the order dated 19.01.1989 passed in O.L.R. Appeal Case No. 33 of 1996 (Annexure -7) by the Officer on Special Duty (Land Reforms), Puri as well as the order dated 12.3.1993 passed by the Addl. District Magistrate, Puri in O.L.R. Revision Case No. 9 of 1989 (Annexure -8).

(2.) SHORN of unnecessary details, the Petitioner, Surendra Nath Panda has filed a petition under Section 36 -A of the O.L.R. Act and the same was registered as O.L.R. Case No. 2377 of 1975, before the Court of the Addl. Tahasildar, Puri. That proceeding came to be concluded by an order dated 29.4.1986 of the learned Addl. Tahasildar who came to hold that more than 10 years have been passed due to time killing tactics by the landlord (OP) and that more than 1 year has been spent by the Court waiting for appearance of the landlord Sri Laxmidhar Panda. On consideration of the submissions advanced by the learned Counsel appearing for the Petitioner as well as the fact, that the landlord had been set ex parte on 20.12.1985 and on perusal of the documents produced by the Petitioner in support of his stand that he was a tenant (Bhag Chasi) under the landlord as well as the compromise petition moved by the landlord Sri Laxmidhar Panda and the final Judgment given by the Sessions Judge, Puri in the Criminal Revision No. 171 of 1992, the learned Revenue Officer allowed the petition declaring the Petitioner as a "raiyat" in respect of the land schedule given below:

(3.) BEING aggrieved the order passed by the Lower Appellate Authority the present Petitioner filed a revision before the A.D.M. (Land Records) which was registered as OLR Revision Case No. 9 of 1989. That revision filed by the Petitioner came to be rejected by the order dated 12.3.1993, affirming the order of remand passed by the learned Lower Appellate Authority.