JUDGMENT

A. S. NAIDU, J. — The common order dated 26th March, 1991 (Annexure-5) passed by the Commissioner of Consolidation, Orissa, Bhubaneswar in Revision Case Nos. 1315, 1316, 1317 and 1318 of 1986 is assailed in this Writ application invoking jurisdiction of this Court under Articles 226 and 227 of the Constitution of India by petitioner Rabindranath Dixit claiming to be the Presi¬dent of the Block Congress Committee (1), Kakatpur.

2. In course of hearing an application in the shape of a Misc.Case was filed by one Manguli Jena through his advocate for amendment of the cause-title of the Writ application inter alia stating that in the meanwhile petitioner Rabindranath Dixit who had filed the Writ application having been removed from the Presidentship of the Block Congress Committee (I), Kakatpur, and he (Manguli Jena) being in charge of the President is looking after the case, and the name of Rabindranath Dixit and/or his legal heirs substituted in his place in this Writ application be deleted and his (Manguli Jena) name be substituted. But then it appears that although this petition was filed by said Manguli Jena through an advocate, no Vakalatnama to that effect has been filed and, as such, the Misc. Case is not entertained and is dismissed.

3. The dispute before the consolidation authorities was relating to land appertaining to Sabik Plot No.366, Sabik Khata No.280 having an area of Ac.O.48 decimals corresponding to Hal Plot No. 1885, having an area of Ac.O.35 decimals situated in Mouza-Kakatpur in the district of Puri. In the Land Register prepared by the concerned consolidation authority after the Mouza in question came within the fold of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, the land in question stood recorded in the name of the Puri Zilla Congress Committee. Being aggrieved by the said recording, two objections were filed before the Consolidation Officer concerned, one by Sri Surendranath Nayak, present opposite party No.2, inter alia claiming to record the said land in favour of the Janata Party, which was registered as Objection Case No. 2981; and the other being by one Sri S.Kanungo praying to enhance the area of the disputed land from Ac.O.35 to Ac.O.48 decimals, which was regis¬tered as Objection Case No.3230. During pendency of the aforesaid Objection Cases, an application was filed by Sri Padma Charan Samanta Singhar to implead him as a party to those cases. The said application was rejected. A revision was thereafter filed against the order of rejection of the said application before the Commissioner of Consolidation, and the revision was also reject¬ed. But then this Court in OJC No.1592 of 1984 directed to im¬plead Sri Padma Charan Samanta Singhar as a party to the Objec¬tion Cases. Accordingly he was impleaded. According to Sri Padma Charan Samanta Singhar, the ex-intermediary had leased out the disputed land in his favour for agricultural purpose and thus a tenancy right was created in his favour before the vesting of the estate with the State Government under the Orissa Estates Aboli¬tion Act and such right is protected and in accordance with Section 8(1) of the O.E.A.Act he is deemed to be a tenant under the State.

The Consolidation Officer after hearing all the parties directed that the land in question be recorded in the name of the Secretary, Marfat Puri Zilla Congress Committee. Consequently the Objection Cases filed by Sri Surendranath Nayak and, S.Kanungo and Padma Charan Samanta Singhar were disallowed. Being aggrieved by the said order of the Consolidation Officer, Kakatpur, four appeals were filed before the concerned Deputy Director of Consol¬idation which were registered as Appeal Case Nos.125, 127, 128 and 129 of 1984. The Deputy Director disposed of all the said four appeals by a common judgment vide Annexure-I. It was held by the Deputy Director that Sri Padma Charan Samanta Singhar had acquired the disputed land as a lessee, but then such acquis