ORDER :

K.R. Mohapatra, J.

The petitioners in this writ petition assail the initiation of the proceeding by the Member Board of Revenue, Odisha, Cuttack under Section 38-B of the Orissa Estate Abolition Act, 1951 (for short ‘ the Act’) in O.E.A. Revision Case No. 32 of 2009.

2. Brief factual matrix relevant for proper adjudication of the case is as follows:

The R.O.R. dated 22.1.1930 in respect of ‘Nizdakhal’ Khata No. 127, Plot No. 478, Touzi No. 2174 to an extent of Ac. 4.07 decimals Kisam ‘Pokhari’ of mouza Dharadharpur, P.S. Jagatsinghpur in the district of Cuttack, (for short ‘the case land’) stood recorded in the names of Gopal Saran Bose, Hari Saran Bose and Mahendra Saran Bose, Nimain Saran Bose and Nistarani Devi (wife of Adeita) of village Gopalpur as Ex-intermediary in the third part Khewat No. 1. While the matter stood thus, said Gopal Saran Bose, Hari Saran Bose and Mahendra Saran Bose vide Registered Sale Deed No. 2383 dated 21.5.1937(Annexure-2) sold Ac.2.05 decimals, i.e., 50% of the area of their intermediary right over the case land to one Daitari Jena. Said Daitari Jena expired on 26.7.1937 and his only son Krushna Mohan Jena stepped into his shoes. Gopal Sharan Bose died issueless. After the death of Gopal, Mahendra Saran Bose sold an area of Ac.01.7½ Kadi (his share) to Madan Mohan Jena vide Registered Sale Deed No. 6896 dated 27.10.1953 (Annexure-3). On 16.5.1955, Krushna Mohan Jena (only son of late Daitari) inducted Kishore Mohan Jena and Nirmal Chandra Jena (his sons) as tenants issuing Chirastahi Patta vide Registered Lease Deed No.3286 dated 16.5.1955. Subsequently, Rabindra Saran Bose being the only legal heir of late Hari Saran Bose inducted Madan Mohan Jena and Nirmal Kumar Jena as tenants in respect of Ac.1.01.7.5 Kadi by executing permanent lease deed (Chirastai Patta) vide Registered Lease Deed No. 243 dated 17.1.1958. In that process, said Madan Mohan Jena, Kishore Mohan Jena, Nirmal Chandra Jena, Pradipta Kumar Jena and Pratap Kumar Jena possessed the entire case land. In the year, 1963, the intermediary estate under the third part Khewat vested to the State and accordingly, the case land vested in Government. At this juncture, Madan Mohan Jena (petitioner no. 1) for himself and on behalf of two brothers, namely, Kishore Mohan Jena and Nirmal Chandra Jena, filed an application under Section 8(1) of the O.E.A. Act, which was registered as O.E.A. Case No. 212 of 1968 on the file of Additional Tahasildar, Jagatsinghpur. The Tahasildar, Jagatsinghpur after conducting enquiry vide his order dated 11.9.1969 directed to open Zamabandi and realize rent under Section 8(1) of the Act in respect of Ac.3.4 decimals out of the case land in favour of Madan Mohan Jena, Kishore Mohan Jena and Nirmal Chandra Jena. Likewise, a petition was filed by Madan Mohan Jena for recording of the balance Ac.1.30 decimal of the case land in favour of the petitioners on lease. Accordingly, O.E.A. Case No. 2045 of 1970 was initiated. The Addl. Tahasildar-cum-OEA Collector, Jagatsinghpur vide his order dated 16.4.1973 directed settlement of the said Ac.1.30 decimals in favour of all the petitioners (Madan Mohan Jena, Kishore Mohan Jena, Nirmal Chandra Jena, Pradipta Kumar Jena and Pratap Kumar Jena) and further directed to realize Rs. 6.18 towards rent and Rs.1.55 towards cess from the date of vesting and also to pay a sum of Rs.8.54 towards salami. Accordingly, the R.O.R. in respect of the case land to an extent of Ac. 4.06 decimals was issued in favour of all the petitioners on 28.2.1983. In the year 1989, consolidation operation started in the village. The villagers filed Objection Case No. 3256/730/89 in the court of Consolidation Officer, Raghunathpur objecting recording of the case land in favour of the petitioners. The Consolidation Officer, Raghunathpur refused to entertain the objection filed by the villagers holding the objection to be not maintainable on the ground that the consolidation authorities cannot sit over t