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2003 Supreme(Ori) 829

L.MOHAPATRA
Shri Abhaya Charan Mohanty – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. Satyabadi Das,
R. N. Acharya and S. Mohanty
For Opp.Parties:M/s. J. P. Choudhury and
N. Mohanty (For O.P. No.4)

JUDGMENT

L. MOHAPATRA, J. — This writ petition is directed against the judgment and order dated 7.11.2001 passed by the Commissioner, Consolidation, Cuttack in Consolidation Revision Case No.12 of 2000 dismissing the revision filed under Section 37 (1) of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972.

2. From the impugned order it appears that the petitioner filed the revision under Section 37(1) of the Act to record the consolidation plot Nos.192, 153, 161, 134, 118, 191, 197, 205, 206, 207 and 207 in his favour exclusively as per the order of the Tahasildar, Salipur in Ceiling Case No.92 of 1973. The further case of the petitioner is that he was staying most of the time outside the village and could not take steps before the Consolidation Officer in time and therefore, filed the revision under Section 37(1) of the Act. According to the petitioner, the consolidation authority could not have overlooked or ignored the orders passed in the Ceiling Case while recording the lands in favour of the opposite party No.4 and in support of such claim the petitioner had filed photo-copies of the order passed in Ceiling Case. The contesting opposite par





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