JUDGMENT :

B. K. NAYAK, J.

Order dated 16.07.2012 (Annexure-2) passed by the Member, Board of Revenue, Odisha, Cuttack in OLR Revision Case No.2 of 2007 on a motion made by the Collector, Rayagada under Section 59 (2) of the OLR Act, has been assailed in this writ petition.

2. The background of the case is that OLR Case No.10 of 1974 was initiated against the petitioner by the Revenue Officer-cum-Tahasildar, Rayagada. The Tahasildar disposed of the case on 26.02.1976 classifying all the lands of the petitioner except Ac.3.415 in Khata No.6/9 of village-Jayaramguda as Class-II lands on the ground that the lands were having irrigation facilities from the Rayagada Gedda Lift Irrigation Society and allowed 12.00 standard acres of land to be retained by the petitioner and directed vesting an extent of Ac.18.91 dec. of village Balijhola as surplus. The petitioner’s appeal and revision filed against the order of the Tahasildar were dismissed. Aggrieved by the same, the petitioner filed OJC No.2165 of 1981 before this Court. By order dated 28.08.1991, this Court remanded the Revision Case No.7 of 1992 to the Additional District Magistrate, Rayagada with direction for fresh enquiry and dis