Research › Search › Judgment

Orissa High Court · body

2016 DIGILAW 122 (ORI)

Harihara Biswal v. State of Orissa

2016-02-15

A.K.RATH

body2016
JUDGMENT Dr.A.K.RATH, J. - The instant writ application is to laciniate the order dated 17.7.2015 passed by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack-opposite party no.2 in R.P.No.590 of 2014. By the said order, opposite party no.2 dismissed the revision holding inter alia, that the application was filed after seventeen years of publication of R.O.R. 2. Bereft of unnecessary details, the short facts of the case of the petitioners are that their father was the recorded owner in possession of hal khata no.82, hal plot no.591, area Ac.0.11 dec. of village-Sarbana, P.S. Dharmasala in the district of Jajpur. While the matter stood thus, hal record of rights of the area, where the land falls, was published on 29.10.1997. In hal R.O.R. as well as in the map, the area has been reduced. Thereafter they filed an application under Section 15(b) of the Orissa Survey & Settlement Act, 1958 before opposite party no.2, which was registered as R.P.No.590 of 2014. By order dated 17.7.2015, opposite party no.2 dismissed the application that there is a delay of seventeen years in filing the revision. 3. Heard Mr.D.Choudhury, learned counsel for the petitioners and Mr.S.Mishra, learned Additional Government Advocate for the State. 4. Section 15(b) of the Orissa Survey & Settlement Act (hereinafter referred to as “the Act”), which is hub of the issue, is quoted hereunder: “15. Revision by Board of Revenue- The Board of Revenue may in any case direct- (a) xxx xxx xxx (b) on application made within one year from the date of final publication under Section 12-B the revision of record-of-rights or any portion thereof whether within the said period of one year or thereafter but not so as to affect any order passed by a Civil Court under Section 42. Provided that no such direction shall be made until reasonable opportunity has been given to the parties concerned to appear and be heard in the matter”. 5. Section 15(b) of the Act was subject matter of interpretation in the case of Krushna Chandra Mahakul Vrs. State of Orissa and others, 2003 (II) OLR 306 . The Division Bench of this Court in paragraph-6 of the report held thus:- “6. Section 15(b) of the Orissa Survey and Settlement Act, 1958 is different from Section 5 of the Limitation Act, 1963, which is quoted hereinbelow : “5. State of Orissa and others, 2003 (II) OLR 306 . The Division Bench of this Court in paragraph-6 of the report held thus:- “6. Section 15(b) of the Orissa Survey and Settlement Act, 1958 is different from Section 5 of the Limitation Act, 1963, which is quoted hereinbelow : “5. Extension of prescribed period in certain cases : Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period, if the appellant or the applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period.” Whereas under Section 5 of the Limitation Act, 1963, the applicant has to show sufficient cause for not preferring the appeal or making the application, as the case may be, within the period prescribed, under Section 15(b) of the Orissa Survey and Settlement Act, 1958 there is no such requirement. Hence, even if the petitioner has not been able to explain sufficiently the entire period of delay of four years, eight months and twelve days in filing the revision, his revision should not be thrown out only on the ground of delay in filing the revision beyond the period of one year. In each case, the authority hearing the revision will have to consider as to whether ends of justice require entertaining the application for revision beyond the period of one year or as to whether any valuable right has accrued to some other party on account of delay in filing the application for revision on account of which the revision petition should not be entertained beyond the period of one year. ” (emphasis laid) 6. In view of the authoritative pronouncement of this Court in Krushna Chandra Mahakul (supra), the inescapable conclusion is that the Commissioner, Land Records & Settlement, Board of Revenue, Odisha opposite party no.2 has committed a manifest illegality in dismissing the application filed by the petitioners. Accordingly, the order dated 17.7.2015 passed by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack-opposite party no.2 in R.P.No.590 of 2014 is quashed. The matter is remitted back to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack-opposite party no.2 for de novo hearing. Accordingly, the order dated 17.7.2015 passed by the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack-opposite party no.2 in R.P.No.590 of 2014 is quashed. The matter is remitted back to the Commissioner, Land Records & Settlement, Board of Revenue, Odisha, Cuttack-opposite party no.2 for de novo hearing. Opposite party no.2 is directed to consider the case of the petitioners in accordance with law laid down in Krushna Chandra Mahakul case. 7. The writ application is allowed. No costs. Application allowed.