JUDGMENT

P. K. MISRA, J. — This writ application is directed against the order passed by Commissioner, Land Records and Settlement Orissa, Cuttack (in short the “Commissioner”) in R.P. Case No. 3613/97 wherein the Commissioner has directed to delete the names of Bata Das and Arakhita Das, the predecessors-in-interest of the present petitioners from the Record-of-Rights. It appears that while preparing the Record-of-Rights possession of Bata Das and Arakhita Das was noted. The present opposite party No.2 filed revision case for deletion of the names on the ground that pos¬session of a person without any right should not be noted in the Record-of-Rights. The aforesaid contention having been accepted by the Commissioner on the basis of instruction issued by the Board of Revenue, Orissa, and a Division Bench decision of this Court in O.J.C. No. 4478 of 1989 (Sulie Bewa v. Bharat Pradhan and another) disposed on 22.10.1992, the present writ application has been filed by the legal representatives of Bata Das and Arakhita Das.

2. A Record-of-Rights is prepared under the Orissa Survey and Settlement Act. Sec. 43 of the said Act empowers the Government to make rules after previous publicati