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Judgment
W.P.(C) no.36887 of 2022 and I.A. no.18045 of 2022
Mr. Behera, learned advocate appears on behalf of petitioners and submits, his clients are descendants of original occupier of the land, who was continuing in possession in year 1974. Extent of land is around 2.59 acres. He submits, the Tahsildar initiated a suo moto ‘Bebandobasta’ case and relying on incorrect report found opposite party nos. 1 to 5 to be in possession. His clients preferred appeal to the Sub-Collector. The Sub-Collector found that the report was incorrect. His clients were in possession. Opposite party nos. 1 to 5 sought for revision to the Additional District Magistrate (ADM). The authority held that the Sub-Collector was not the appellate authority and, therefore, confirmed the Tahsildar’s order. Petitioners approached the Member, Board of Revenue. By also impugned order dated 29th March, 2019 the Member, Board of Revenue held that the dispute was civil in nature and for his clients to approach the civil Court. In dismissing the revision, the member upheld order of the Tahsildar and the ADM.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State.
We have perused also impugned order dated 15th December, 2008 passed by the ADM. It appears, the authority was approached to exercise revisional power. Said also impugned order dated 15th December, 2008, therefore, was passed in revision. It transpires that petitioners’ grievance in appeal was considered by the Sub-Collector, who was said to not have jurisdiction. In the circumstances, petitioners appear to have lost their right of appeal since, by said impugned order dated 15th December, 2008, the ADM, being the appellate authority, did not consider petitioners’ appeal.
Issue notice along with this order on opposite party nos. 1 to 5 by registered/speed post with AD. Petitioners will put in requisites. Opposite parties are come ready to answer on the point formulated in this order.
List on 10th May, 2023.
Status quo be maintained till next date of hearing.
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