DHADAKA LABA Vs. COLLECTOR, KORAPUT

JUDGEMENT

(1.) Biswanath Rath, J. This Writ Petition has been filed challenging the order dated 7.10.1995 passed by the Collector, Koraput in O.L.R. Revision No.1, 2 & 3 of 1995, thereby setting aside the order dated 6.04.1995 passed by the Additional District Magistrate, Koraput in O.L.R. Appeal No.6 of 1994 preferred by the petitioners against the order dated 29.05.1993 passed by the learned Sub-Divisional Officer-cum-Revenue Officer, Koraput in O.L.R. Case No.10 of 1983.

(2.) Short background involved in the case is that upon initiation of a proceeding U/s.23-A of the O.L.R. Act, 1960 the Sub- Collector, Koraput disposing the matter ex parte vide Annexure-5 directed for resumption of the land in favour of the petitioner in exercise of power U/s.23-A of the Act, 1960. It appears from the pleadings and the submissions of the parties that the application was moved by the party suffering for the ex parte order and a fresh order has been passed by the Sub-Collector himself again in exercise of power U/s.23-A of the Act, 1960 by reversing the order vide Annexure-6 thereby recalling the order vide Annexure-5 and pursuant to which, the proceeding U/s.23-A of the Act, 1960 was taken up afresh and was disposed of by order vide Annexure-7. In appeal by the party aggrieved, the appellate authority set aside the order of the original authority vide Annexure-8 resulting filing of the revision. The revision has been disposed of with an order reversing the order of the appellate authority vide Annexure-9 thereby restoring the order of the original authority vide Annexure-7.

(3.) Challenging the order of the revisional authority as well as the original authority, learned counsel for the petitioner taking this Court to the provision at Section 23 of the Act, 1960 submitted that the Statute is absolutely silent with regard to Sub-Collector being the original authority having the power of review.