BARENDRA DAS Vs. JOINT COMMISSIONER, CONSOLIDATION

JUDGEMENT

(1.) THE Petitioners are the villagers of village Kalanda in the district of Balasore. Their grievance in this Writ Petition is that though the consolidation authorities reserve certain lands for public purposes, i.e., for construction of infra village road, and such decision was confirmed by the Deputy Director in appeal and the Commissioner in revision, subsequently, the Commissioner recalled his earlier Order Dated 31.12.1996 and disposed of the revision de novo by Order Dated 31.12.1997. It is stated that such action of the Commissioner is unjust, illegal and contrary to the canons of law and it is a fit case where the same should be quashed.

(2.) THE contesting Opposite Parties after receiving notice appeared and filed counter affidavit denying all the averments made in the writ application. According to the contesting Opposite Party, there were three bastis in village Kalanda, named as 'Sadak Pakha Sahi' (Purba Sahi), 'Dakhina Sahi', and 'Uttara Sahi' and they are intervened by agriculture lands. In course of consolidation operation, in order to facilitate the ingress and outgress of the villagers, Narahari, father of Opposite Party No. 4 donated a portion of his land appertaining to Plot Nos. 543 and 544 over which the main road has been laid down. The said road provides adequate passage and caters to the need of three bastis and is existing since 1994. All the villagers are using the said road as a matter of course. The present Petitioners during the consolidation operation claimed before the consolidation authorities to provide them another approach road over plot Nos. 541, 543 and 882/1014 belonging to Opposite Party No. 4. It appears that the said lands are compact and contiguous having an area of Ac.12.00 over which there were also standing trees, tube well points, etc. It is averred that the Opposite Party No. 4 had claimed before the consolidation authorities to convert the lands as non -consolidable, but then, the said prayer was turned down.

(3.) MR . Dash, Learned Counsel appearing for the Petitioners forcefully submitted that the Commissioner acted illegally and with material irregularity in disposing of Revision Case No. 438 of 1996 by Order Dated 31.12.1997 (Annexure -6) though the said revision was disposed of earlier by the same Commissioner by Order Dated 31.12.1996 vide Annexure -4. Mr. Dash took lots of pain to take this Court through different orders passed in the Mise. Case as well as in the revision case. On perusal of such orders, this Court is satisfied that there was some infirmity inasmuch as the order recalling Annexure -4 dated 31.12.1986 do not indicate that the earlier order was recalled. Admittedly, Revision Case No. 438 of 1996 was disposed of on 31.12.1996 (Annexure -4) as not maintainable as some of the necessary parties were not impleaded. A petition was filed to recall the said order and to rehear the matter. The said petition was registered as Mise. Case No. 45 of 1996. In the mise case, a petition was filed to implead necessary parties and the said petition was allowed. The Order Dated 8.8.1997 however reveals that the misc. case itself was allowed. Once the Mise. Case is allowed, it is to be concluded that the prayer made in the said Mise. Case i.e. to recall the Order Dated 31.12.1996 (Annexure -4) was allowed. Consequently, the said order stands recalled. Thereafter, the revision petition was heard once again by the Commissioner, Consolidation. The order allowing the Mise. Case was not assailed by the Petitioner though the same was passed way back on 8.8.1997. Even otherwise, it appears that the Petitioner participated in the hearing of the revision and did not raise any objection before the revisional authority that he had no jurisdiction to hear the matter on the ground that the revision was earlier disposed of. Thus, it appears that all the parties were under the impression that the earlier order disposing of the revision on technical grounds and not on merits, had been recalled and case was heard on merit, as in the meanwhile the defect had been cured.