Writ petitions challenging the dismissal of a revision application for correction of land records filed under Section 15(b) of the Odisha Survey Settlement Act, 1962, were dismissed as time-barred because filed beyond the statutory one-year limitation.
The impugned order rejecting the revision application under Section 15(b) was upheld; writ petitions dismissed.
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OJC No.9463 OF 1999
OJC No.9464 OF 1999 OJC No.9463 OF 1999
. 09.09.2019 Heard Mr.Maheswar Mohanty, learned counsel for the petitioners and Miss J.Sahoo and Mr.Ramdos Achary, learned counsel for opposite party Nos.4(a) to 4(d), and Mr. P.K.Muduli, learned Additional Government Advocate for the State, as well.
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under Section 15(b) of the Act in Revision No.140 of 1996 in which the Commissioner directed to delete the illegal note of possession of opposite party No.4 in the remarks column to correct the record of right as Gharabari in the name of opposite party No.4. Thus, the cause of action for filing of the revision arose in the year 1997 only, i.e., on the date of disposal of the revision and as such, the revision should not have been dismissed on the ground of limitation.
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more than 15 years. Thus, the revision filed under Section 15(b) of the Act by the petitioners was not maintainable. Accordingly, the impugned order needs no interference.
Accordingly, the revision is dismissed. However, it is made clear that this Court has not expressed any opinion on the merits of the case. It would be open to the parties to approach appropriate Forum/Court for redressal of their grievances, if available under law.
Both the writ petitions are disposed of accordingly. Order dated 13.09.2004 passed in Misc. Case No.8631 of 1999 stands vacated.
Issue urgent certified copy of the order on proper application.
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K.R. Mohapatra, J.
ss
2 issues framed by the court
Whether the revision under Section 15(b) of Odisha Survey Settlement Act filed beyond the statutory limitation period was maintainable.
Whether the Settlement Commissioner could entertain a petition for correction of record of right filed after 15 years from publication of the report.
1 provisions across 1 enactments
Petitioners
Opposite Party Nos. 1 to 3
Opposite Party Nos. 4(a) to 4(d)
State
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
