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1998 Supreme(SC) 881

J.JAGANNADHA RAO, S.B.MAJMUDAR
State Of Orissa – Appellant
Versus
Commissioner Of Land Records And Settlement, Cuttack – Respondent


Judgment

M. Jagannadha Rao, J.-The main point that arises for consideration in these appeals is whether the delegate of the revisional powers of the Board of Revenue, Orissa under an Act of 1958 can also exercise the general powers of review conferred on the Board under an earlier Act of 1951. Incidentally the question arises whether the order of the delegate is to be treated as the order of the Board or as an order of the delegate in his own right and whether the Board can revise or review the order of the delegate?

2. In both these appeals, the State of Orissa, the officials of the Forest Department and the District Collector of the area concerned, are appellants. The 1st respondent is the Commissioner of Land Records and Settlement. Cuttack (hereinafter called the ‘Commissioner’). The second respondent is the vendee from the 3rd respondent. The 3rd respondent is the person in whose favour entries were made in the record of rights in the settlement of 1956 and in whose favour the revenue authorities granted patta.

3. The Commissioner, to whom the revisional powers of the Revenue Board under Section 15 of the Orissa Survey and Settlement Act, 1958 (hereinafter called the ‘Act of 195

































































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