Batakrushna Moharana vs State Of Odisha And Others
2021 Latest Caselaw 12791 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.7646 of 2008


            Batakrushna Moharana                        ....             Petitioner
                                                       Mr. N.P. Parija, Advocate

                                          -versus-

            State of Odisha and others                  ....          Opp. Parties
                                                      Mr. D.K. Mohanty, A.G.A.
                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE A.K. MOHAPATRA

                                          ORDER

Order No. 13.12.2021

03. 1. Short ground of the impugned judgment passed by the Member, Board of Revenue, Odisha, Cuttack in OEA Revision Case No.165 of 2008 has been challenged by the Petitioner and the Collector has no power under Section 38-B to revise the order of the Tahasildar under Section 8(i) of the Odisha Estate Abolition Act (in short 'OEA Act'), 1951,which would be an administrative order. In the present case, the Collector in the aforementioned Revision Case No.165 of 2008 question the Administrative order dated 27th February, 1984. OEA Collector- cum-Tasildar, Sukinda in OEA Case No.521 of 1983 clearly stated that therefore, there is no jurisdiction to do so under Section 38-B of the OEA Act.

2. Learned counsel for the Petitioner relied on the decisions reported in the case of Daitari Rout vrs. State of Orissa :

// 2 //

reported in Vol-100 (2005) CLT 329 and two other decisions reported in 2008 (II) CLR 115 and 2005 CLR 158.

3. In view of the aforementioned decisions, the impugned order of the Collector is set aside and the writ petition is allowed.

4. Mr. Mohanty, learned Additional Government Advocate states that at this stage, Government will not invoke under Section 5(i) of the OEA Act.

5. In that view of the matter, this Court has not expressed any view in the matter.

(Dr. S. Muralidhar) Chief Justice

( A.K. Mohapatra ) Judge Umakanta/Jagabandhu