M. Jagannadha Rao, J. - (1.) The main point that arises for consideration in these appeals is whether the delegate of the revisional powers of the Board of Revenue, Orissa under an Act of 1958 can also exercise the general powers of review conferred on the Board under an earlier Act of 1951. Incidentally the question arises whether the order of the delegate is to be treated as an order of the Board or as an order of the delegate in his own right and whether the Board can revise or review the order of the delegate
(2.) In both these appeals, the State of Orissa, the officials of the Forest Department and the District Collector of the area concerned, are appellants. The 1st respondent is the Commissioner of Land Records and Settlement, Cuttack (hereinafter called the 'Commissioner'). The second respondent is the vendee from the 3rd respondent. The 3rd respondent is the person in whose favour entries were made in the record of rights in the settlement of 1956 and in whose favour the revenue authorities granted patta.
(3.) The Commissioner, to whom the revisional powers of the Revenue Board under Section 15 of the Orissa Survey and Settlement Act, 1958 (hereinafter called the 'Act of 1958') were delegated, initially passed orders in favour of the Forest Department on 28-7-1981 setting aside the entries in the name of the 3rd respondent's father in the record of rights. He treated the land as Reserved Forest. But his successor-Commissioner passed the latter order dated 19-6-85 setting aside the order dated 28-7-81 of his predecessor, while purporting to exercise powers of review of the Board of Revenue, conferred by a general statute, namely, the Orissa Board of Revenue Act, 1951 (hereinafter called the 1951 Act). Under the latter order dated 19-6-1985 the Commissioner restored the name of the 3rd respondent's father Mayadhar Singh and refused to treat the land as Reserve Forest.;