CHARU PATTNAIK Vs. COMMISSIONER LAND RECORDS

JUDGEMENT

(1.) W .P. (C) No. 5584 of 2003 has been filed against the order dated 9.1.2002 passed by the Commissioner, Land Reforms and Settlement, Orissa, Cuttack, in R.P. No. 9043 of 2001 directing the Settlement Officer to treat the revision petition filed under Section 32 of the Act as an appeal under Section 22 and decide the case on merit after notice to the parties.

(2.) THIS Court in the above case by order dated 6.6.2003 directed stay of further proceedings in Appeal Case No. 257 of 2002 pending before the Settlement Officer, Puri. The said interim order was extended again on 28.7.2003. However, when the matter was taken up on the next date i.e. 27.10.2003 no order was passed by this Court extending the interim order. In view of the above, the Settlement Officer proceeded with hearing of the appeal and disposed of the same by order dated 29.8.2003. The said order passed by the Settlement Officer in Appeal Case No. 257 of 2002 has now been challenged in W. P. (C) No. 405 of 2004.

(3.) THE learned Counsel appearing for the parties have placed their respective cases in details but I have not dealt with on merits as the matter is being sent back to the appellate authority for reconsideration on merit. The appellate authority shall consider the remand order passed by the revisional authority as an open remand and all the parties to the proceeding shall be given full opportunity of producing their relevant documents, if any, as well as hearing so that the Settlement Officer can come to a just decision.