CHANDRADHOJA SAHOO Vs. MEMBER, BOARD OF REVENUE, ORISSA

JUDGEMENT

(1.) IN this writ application under Articles 226 and 227 of the Constitution of India, the petitioner seeks to assail the proceedings initiated by the Board of Revenue to recall its own order. The Board of Revenue by order 7.1.2005 passed in Misc. Case No. 10 of 2004 had directed the Tahasildar, Bhubaneswar to correct the R.O.R. as per the order passed in W.L. Case No. 71 of 1979 within 15 days from the date of receipt of the order. This order is sought to be recalled by the State of Orissa through its Special Secretary, G.A. Department by filing an application before the Member, Board of Revenue which has been registered as Misc. Case. No. 8 of 2007. Learned Member by order dated 10.9.2007 has stayed the operation of the order dated 7.1.2005 passed in Misc. Case No.10 of 2004. The petitioner seeks to assail quashing of the entire proceedings initiated in Misc. Case No. 8 of 2007 in the file of the Member, Board of Revenue.

(2.) BEREFT of unnecessary details, the case of the petitioner is that on 19.1.1979 the petitioner applied for a lease of Government land in village Patia under Khata No. 493, Plot Nos. 516 and 301 for an area of Ac. 2.00 dec. Accordingly, W.L. Case No. 71 of 1979 was registered and notice was issued inviting objection and the case was posted to 30.1.1979. But the case was not put up on 30.1.1979 and instead it was put up on 23.2.1979, when the following order was passed: -

(3.) AS the said order was not implemented, the petitioner filed a writ application in this Court which was registered as W.P.(C) No. 281 of 2007. A single Bench of this Court by order dated 26.2.2007 disposed of the writ petition at the stage of admission directing the Tahasildar, Bhubaneswar to comply with the direction issued by the Member, Board of Revenue vide order dated 7.1.2005 in Misc. Case No. 10 of 2004.