BICHITRANANDA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have filed this writ petition challenging the order dated 28.5.2007 passed by the Member, Board of Revenue, Orissa, Cuttack in O.E.A Revision No.48 of 2005.

(2.) THE facts leading to the present writ petition as contended by the learned counsel is that petitioner no.1 and late Kunjabana Swain, predecessor-in-interest of petitioner nos.2 to 5 claimed to be tenants under Raja of Kanika by virtue of written unregistered Patta dated 17.1.1941 in respect of Ac.5.77 decimals of land appertaining to Sabik Plot No.229 under Sabik Khata No.303 corresponding to Hal Plot No.241 under Hal Khata No.472 of Mouza-Chandrasekharpur. They continued as tenants and paid rents to the said Raja till the date of vesting. After abolition of the Estate, they continued their peaceful possession by cultivating the land as tenants under the State of Orissa. Accordingly, on their application O.E.A Collector, after enquiring and verifying all the relevant records, in its order dated 20.5.1981 declared them as tenants in Misc. Case No.20 of 1981 and directed to record the land in favour of the tenants on the basis of report of the concerned R.I though the land was recorded under Rakhit "Unnyata Jojana Jogya" in favour of the State Government and finally R.O.R was published in the year 1973-74.

(3.) WHILE the matter stood thus, the Sub-Divisional Officer, Bhubaneswar, after scrutinizing the records, by order dated 2.3.1983 in OEA Case No.4 of 1983 observed that the order passed by the O.E.A Collector on 20.5.1981 in Misc. Case No.20 of 1981 was not in accordance with law and needed to be considered for further action. The present petitioners, being aggrieved by the said order dated 2.3.1983 of the S.D.O, Bhubaneswar, filed OJC No.2503 of 1983, which was dismissed as premature since the impugned order was not final. Thereafter, one of the tenants, namely, late Kunjabana Swain died on 20.5.2001. The petitioners enquired into the matter from time to time but got no information. However, they obtained the certified copies of the entire order sheets on 12.1.2005 and came to know about the order dated 29.7.1988 passed by the Addl. Tahasildar, Bhubaneswar and also came to know about the fact that the order dated 20.5.1981 passed by the O.E.A Collector-cum-Tahasildar, Bhubaneswar was declared as without jurisdiction and void. Finding no other way, the petitioners approached the revisional authority in O.E.A Revision No.48 of 2005 under Section 38-B of the O.E.A Act challenging the order dated 29.7.1988 passed by the Addl. Tahasildar, Bhubaneswar. However, the Member, Board of Revenue, after hearing the parties, held that nothing had been adjudicated in order dated 29.7.1988 by the Addl. Tahasildar, Bhubaneswar. He had simply followed the order dated 20.5.1981 passed in OJC No.1058 of 1978 under the direction of the Addl. District Magistrate, Bhubaneswar. Since the order dated 29.7.1988 was an administrative order, he had no jurisdiction to interfere with the matter. Accordingly, the revision was dismissed by the impugned order dated 28.5.2007.