JUDGMENT

A. S. NAIDU, J. — The order dated 10th March, 1993 passed by Addl. District Magistrate, Cuttack in O.E.A. Appeal No.4/1990 is assailed in this Writ application mainly on the ground that the said authority had no jurisdiction to entertain an appeal filed under Section 9 of the O.E.A. Act as the order of settle¬ment made in favour of the petitioner was passed under the provi¬sions of the Orissa Tenancy Act.

2. The petitioner claiming to be a tenant in respect of Ac.2.00 lands out of Ac.4.30 appertaining to C.S. Plot Nos.52 and 56 under C.S. Khata No.25 of Mouza-Sasan has asserted, that the said lands originally belonged to the Ex-landlord of Kujang Estate and were recorded under Anabadi Khata No. 25 with a status of “Puratana Patia” in the record of rights published in the year 1929. According to him his ancestor after obtaining due permis¬sion from the ex-intermediary and after being inducted as tenant reclaimed the above lands with considerable expenses and were in cultivating possession of the same by raising paddy crops and by paying land revenue (Bhag) to the ex-landlord who granted rent receipt in token of payment of the same. The estate in question, it is submitted, v