V. N. KHARE, K. G. BALAKRISHNAN, S. B. SINHA
State Of Orissa – Appellant
Versus
Lochan Nayak (Dead) by Lrs. – Respondent
ORDER
The respondents herein were allotted land under the provisions of the Orissa Land Reforms Act, 1960 (hereinafter referred to as the Act ). Under the provisions of law, which was then existed, the Court was empowered to cancel the order of allotment within one year, if the same is found to be contrary to law. In the year 1980, by virtue to Rule 38-A (10) (bb) of the Orissa Land Reforms (General) Rules, 1965 (hereinafter referred to as the Rules ), the Commissioner of Division was given the power to suo motu cancel the land at any time. It appears that the Commissioner of Division in the year 1984, in exercise of his power, revoked the allotment of land made in favour of the respondents, having found that there were some procedural irregularities in the matter of allotment. In the year 1986, the respondents herein filed petitions under Article 226 of the Constitution before the High Court of Orissa, challenging the order passed by the Divisional Commissioner, revoking the settlement of land in their favour. The High Court allowed the writ petitions and remanded the matter to the Revenue Officer and concerned Sub Divisional Magistrate for deciding the matter afresh. In the same
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