Writ petition challenging the dismissal of a land recording claim under the Orissa Survey and Settlement Act. The court held the Additional Commissioner lacked jurisdiction to override prior adjudicated orders, dismissing the writ application.
Nulla, writ application disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.26574 of 2017
Heard learned counsel for the petitioner. Perused the impugned order.
This writ application has been filed with a prayer to quash the order dated 03.11.2017 passed by the Additional Commissioner, Consolidation and Settlement, Sambalpur in Settlement Revision No.1676 of 2015, dismissing the revision petition under section 15(b) of Orissa Survey & Settlement Act, 1958 filed by the petitioner.
The above noted revision petition has been filed by the present petitioner for recording the land described in schedule ‘C’ of the petition in his name. It reveals from the order that the land together with other land had been settled in the name of one Lalit Kumar Ganda by order passed in V.A.P. Case No.246 of 1965-66 and then the R.O.R. has been issued in view of the order passed in Be-Bondobast Case No.96 of 1998 in the names, namely, Golapi Bag, Sairendri Bag and Kuni Bag. The opposite party nos.4 to 8 are the successors-in-interest of those tenants. They having appeared in the said revision contested the claim of the petitioner. Since the petitioner nor his ancestors have challenged the finding of the Additional Tahasildar, Rengali in V.P.A. Case No.246 of 1965-66 within the period as prescribed under law; as also the order passed in Be-Bandobast Case No.96 of 1998 decided on the basis of the said order in V.P.A. Case, the Additional Commissioner in seisin of a revision under section 15(b) of the Orissa Survey and Settlement Act, 1958 has refused to accept the claim of the petitioner for recording of his name in respect of the land in question.
Admittedly, the Additional Tahasildar, in seisin of a revision under section 15(b) of the Orissa Survey & Settlement Act since has no jurisdiction to override the orders passed in V.P.A. Case No.246 of 1965-66 and the consequential order subsequentially passed in Be-Bandobast Case No.96 of 1998 and that to after lapse of a decade and a half, this Court finds infirmity with the impugned order so as to cull out any justification to entertain this writ application.
It is, however, open for the petitioner to establish his claim of right, title and interest by initiating appropriate proceeding before the appropriate forum as provided in law.
The writ application is disposed of accordingly.
…………………..
D. Dash,J.
H
2 issues framed by the court
Whether the Additional Commissioner has jurisdiction to override orders under section 15(b) of the Act when the issue was already adjudicated in V.P.A. and Be-Bandobast cases.
Whether the dismissal of the revision petition resulted in an infirmity warranting intervention in this writ application.
1 provisions across 1 enactments
Petitioner
Additional Commissioner, Consolidation and Settlement, Sambalpur
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
