B.L.HANSARIA, G.B.PATTANAIK, S.K.MOHANTY
LAXMINARAYAN SAHU – Appellant
Versus
STATE OF ORISSA – Respondent
G. B. PATNAIK, J.
( 1 ) THE enunciation of law made by a Bench of this Court while disposing of a batch of writ applications in O. J. C. Nos. 2001 to 2008 of 1983 (Pradyumna Panda v. State of Orissa) disposed of on 28-9-1988 with regard to the power of the Member, Board of Revenue, in entertaining and disposing of a revision under sub-sec. (2) of S. 59 of the Orissa Land Reforms Act (hereinafter referred to as the "act") having been doubted by a latter Division Bench, the matter has been referred to a larger Bench. The Member, Board of Revenue, while disposing of the revision came to the conclusion that he could not accept the reference made by the Collector as the satisfaction of the Collector was inadequate. Having not accepted the reference, he had, however, further observed that it was open to the Collector to examine the case afresh giving a reasonable opportunity to the parties and make a reference if he was satisfied that injustice had been done. This observation made by the Member, Board of Revenue, was held to be without jurisdiction by the earlier Division Bench while disposing of the batch of writ applications in O. J. C. Nos. 2001 to 2008 of 1983. It was held by their
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