JUDGMENT

S. PANDA, J. - This Writ Petition has been filed by the petitioner challenging .the decision of the Member, Board of Revenue, Odisha, Cuttack dtd. 18.10.2008 passed in O.E.A. Revision Case No.294 of 2006 under Section 38-B of the Odisha Estates Abolition Act, 1951 (hereinafter referred to as "the Act").

2. The dispute is related to the land appertaining to Plot No.1112 under Khata No.352 measuring an area of Ac 0.28 decimals situated in Village-Nizgarh, P.S. Sukinda in the district of Jajpur, which was recorded in the name of the Proprietor Gunanidhi Das of Sukinda Estate. The plea of the petitioner is as follows:

Gunanidhi Das executed 'Hatapatta' of the land in favour of one Bimala Sundari Debi, W/o Padmanabha Das, who had paid rent to the Sukinda Estate and obtained rent receipts. The Estate was vested with the Government in the year 1952-53 by notification dtd. 27.11.1952. While matter stood thus, Bimala Sundari Debi filed an application before the O.E.A. Collector-cum-Tahasildar, Sukinda Tahasil for acceptance of tenancy and to fix fare' and equitable rent, which was registered as O.E.A. Case No. 35 of 1980. The O.E.A. Collector-cum-Tahasildar, Sukinda' Tahasil called for a report from the Revenue Inspector, Nizagarh and also issued general proclamation inviting objection to know whether anybody has any objection to the claim of Bimala Sundari Debi. No objection was received by the Tahasildar within the statutory period. The Revenue Inspector also submitted report on 17.4.1980 stating that rent was paid by Bimala Sundari Debi to the ex-Estate on 17.11.1952 and she obtained Receipt No.3951 from the ex-Estate of Sukinda and she was possessing the land. After receiving the report from the Revenue Inspector, Nizagarh, and on verifying the document, the O.E.A. Collector accepted her as tenant vide order dtd. 01.12.1980. Thereafter, she was paying rent regularly and has obtained rent receipts thereof. The present petitioner being the son of Bimala Sundari Debi is the only legal heir and, in possession of the said land. During Hal Settlement the said land was recorded under Khata No.89, Plot No. 1895 measuring an area of AC.0.17 decimals and Plot No.1896 measuring an area of Ac.0.22 decimals and Patta was issued in the name of the petitioner by the Settlement Authority. In the Hal Settlement R.O.R. published on 31.5.1992 the land was recorded under Khata No.884, Plot No.1895 measuring an area of AC.0.30 decimals in the name of the Government under Anabadi Khata with note of illegal possession reflecting the name of the petitioner The petitioner filed a petition before the Commissioner, Land Records and Settlement Odisha, Cuttack under Section 15 (b) of the Odisha Survey and Settlement Act, 1958, which was registered as R.P. Case No. 7751 of 1997 to correct the Records of Right in his name. The Commissioner by order dtd. 25.9.2002 while allowing the Revision Petition directed the Tahasildar, Sukinda to record the suit land in favour of the petitioner in a separate Khata in sthitiban status within four months from the date of receipt of the order. Thereafter, on the request of the Collector, Jajpur a Revision was filed before the Member, Board of Revenue, Odisha, Cuttack under Section 38-B of the O.E.A. Act, 1951 challenging the order passed by the O.E.A. Collector in the year 2006, which was registered as O.E.A. Revision Case No.294 of 2006. The Member, Board of Revenue, Odisha, Cuttack by the impugned order directed that the suit land shall be recorded in the 'Anabadi' Khata of the State Government as it was prior to vesting and the possession be also resumed by Tahasildar, Sukinda with immediate effect.

3. Learned counsel appearing for the petitioner submits that the Revision was initiated after lapse of twenty-six years which is beyond the statutory period, therefore, the same shall be reversed. He further submits that the Member, Board of Revenue should not have interfered with the order passed by the O.E.A. Collector on