Biswanath Rath, J. - (1.) This writ petition has been filed challenging the order under Annexure-5 to this petition passed by the Revisional Authority in exercise of power under the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.
(2.) In assailing the impugned order, learned counsel for the petitioners contended that since the petitioners have succeeded in both the Courts below, it was incumbent on the part of the revisional authority first to frame proper issues and then to give its finding reversing the finding of the Courts below. The revisional authority reversed the findings of the original authority as well as the appellate authority in absence of any reverse finding. Since the revisional authority has answered on a non-issue, the revisional order is not sustainable in the eye of law.
(3.) Learned counsel for the private opposite party on the other hand, contended that for the core issue farmed whether the sale effected involving the disputed property is appropriate or not, the revisional authority was justified in giving a finding on the same. It is, therefore, contended that the judgment of the revisional authority cannot be found to be faulted with. In drawing this Court's attention to the findings of the revisional authority at page 64 of the brief, learned counsel for the private opposite party contended that the revisional authority has given a right finding on the core issue involving the subject and therefore, there is no error in the impugned order.;