GOVINDA CHANDRA TRIPATHY AND ORS. Vs. THE STATE OF ORISSA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF ORISSA, REVENUE DEPARTMENT AND ORS.

JUDGEMENT

(1.) THE short question which arises for consideration in this writ application is whether the power of cancellation of a notification conferred upon the State Government under Section 5(1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (hereinafter referred to as the "Act") can be exercised even after confirmation of the provisional consolidation scheme and preparation of final map and record -of -rights' in the consolidation area on the basis of the confirmed consolidation scheme under Section 22 of the Act. This point arises for consideration under the following circumstances:

(2.) THE Petitioners are the inhabitants of village Denga Amba under Banki Police Station in the district of Cuttack. The said village was brought under consolidation operation by issuance of a notification under - Section 3(1) of the Act dated 6 -8 -1973 and the notification was published in the Orissa Gazette dated 10 -8 -1973. The gazette publication has been annexed as Annexure -I. The consolidation authorities after observing all formalities and procedure and after confirmation of the provisional scheme prepared the final map as well as record -of -rights on the basis of the said confirmed scheme under Section 22 of the Act. The land -owners were distributed their Chakas and record -of -rights in respect of the same have also been given to them. Some of them have also sold a portion of their of lands. The detailed account of sales has been mentioned in paragraphs 7 to 9 of the writ application. Much after the finalisation of the rights of the parties under Section 22 of the Act. Government issued an order in purported exercise of their power under Section 5(1) of the Act cancelling the notification published under Section 3(1) of the Act anti the said order of cancellation was communicated by the Deputy Secretary to Government dated 27 -6 -1981. The Director of Consolidation circulated a notice in the area intimating the order of cancellation passed by the State Government which notice has been annexed as Annexure -2. The Petitioners thereafter have approached this Court for quashing of the said notification of the State Government under Section 5(1) of the Act.

(3.) IN course of hearing of this application. Mr. Misra, the learned Counsel for the Petitioners, contends that though Section 5(1) uses the expression "it shall be lawful for the State Government at any time to cancel......." yet the only rational meaning of the said expression would be, that the power of cancellation must be exercised at any time before finalisation of rights of the parties under Section 22 of the Act and not after the rights of the parties have been finalized by preparation of final map in the consolidation area and preparation of record -of -rights on the basis of confirmed consolidation scheme.