Udaya Nath Jena Vs State

W.P.(C) No.14263 of 2007

W.P.(C) Nos.14263 & 12801 of 2007

29.07.2019

Heard learned counsel for the petitioner, Mr. Goutam Mukharjee, learned counsel for the IDCO and the learned Additional Government Advocate.

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In these writ applications the petitioners have challenged the very initiation of revision under Section 38(B) of the Orissa Estate Abolition Act, 1951.

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The learned counsel for the petitioners submits that the very initiation of the proceeding is without jurisdiction, as the same is initiated after 25 years. He cites the case of Madan Mohan Jena and four others v. State of Odisha and others, reported in 2016 (Supp.-II) OLR- 957.

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However, having seen the final order passed by the Division Bench, we are also of the view that the Member, Board of Revenue, Cuttack should first adjudicate the case.

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Therefore, we dispose of the writ petition giving direction to the petitioners to appear before the learned Member, Board of Revenue, Cuttack and place all his arguments before him.

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We also direct the learned Member Board of Revenue, Orissa, Cuttack to adjudicate the issue of maintainability along with other issues giving reasonable opportunity of hearing to the parties concerned and shall do well to dispose of the same within a period of six months from the date of production of certified copy of this order.

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Accordingly the writ petitions are disposed of.

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Issue urgent certified copies as per rules.

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……..………………….

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S.K.Mishra, J.

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.…....…………………... Dr. A.K. Mishra, J.

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AKD/PKS

Udaya Nath Jena v. State

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Udaya Nath Jena v. State

Case brief

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