JUDGMENT : Biswanath Rath, J. This writ application has been filed assailing the impugned orders under Annexures-3, 4 & 5 passed by the O.L.R. Authorities under the O.L.R. Act, 1960 in a case relating to ceiling surplus land. 2. During course of argument, Mr.S.D.Das, learned senior counsel for the petitioner, referring to paragraph-5 of the writ petition submitted that in view of the direction issued by the Sub-Collector, Anandpur, O.P.3, in O.L.R. Appeal No.6/1992 for fresh hearing and spot verification for determining the classification of the land, it was incumbent upon the original authority to first examine the classification of the land covering both the villages as the land under dispute belonged to two villages, Dhanaghar and Isala but for the investigation made only in relation to the land involved to Dhanaghar, there was no enquiry in terms of the direction of the appellate authority consequently all the three impugned orders suffer and need to be interfered with and set aside. 3. Mr.Das, learned senior counsel for the petitioner, further submitted that had an investigation been made in respect of the status of the land in Village-Isala, the conclusion would have been otherwise. The report followed and referred has been made only in respect of the land belonging to Dhanaghar, in fact there is no surplus land held by the petitioner. 4. To this submission of the learned senior counsel for the petitioner, Mr.Pani, learned Additional Standing Counsel, on the other hand, submitted that there being no prayer on behalf of the petitioner seeking investigation to find out the status of the land covering Village-Isala, there was no occasion on the part of the competent authority to go to such aspect and determine the classification in respect of the land in Village-Isala. 5. Considering the submissions made by the learned counsel for the respective parties and looking at the direction given in O.L.R. Appeal No.6/1992, as reproduced by the petitioner in paragraph-5 of the writ petition, this Court finds that for the direction contained therein, it was incumbent on the part of the original authority to find out the status of the land in both the villages and thereafter to arrive at a conclusion.
This Court finds, the authorities have not followed the direction of the Sub-Collector, Anandpur, O.P.3, in O.L.R. Appeal No.6/1992 consequently, the appellate authority and revisional authority have failed in understanding the implication involved therein and thus arrived at wrong and illegal conclusion. 6. Under the circumstances, this Court sets aside the impugned orders, vide Annexures-3, 4 & 5 to have a fair trial of the matter, remits the matter to the stage of original proceeding and direct the competent authorities to first have an enquiry in respect of classification of the land in Village-Isala at the relevant point of time and thereafter, proceed in the matter and decide the same after giving an opportunity of hearing to the petitioner. 7. The writ application stands allowed with an order of remand. The parties have to bear their own cost.