JUDGMENT :

Biswanath Rath, J.

This Writ Petition has been filed assailing the order dated 28.01.1994 passed by the Collector, Balangir in O.L.R. Revision Case No.35 of 1986, more particularly challenging the application of the provisions of O.L.R. Act on the homestead land situates within the area of Notified Area Council, Titilagarh.

2. Short back ground involved in the case is that petitioner had purchased the disputed land measuring an area A0.17 decimals corresponding to plot No.901/1188 in Khata No.53 vide registered sale deed dated 15.01.1974 for a consideration of Rs.5000/-. Petitioner had obtained a plan for construction of Textile Mill on the purchased land and got the plan approved by the Executive Officer, N.A.C, Titilagarh in the year 1974. Petitioner started a Power Loom establishment through the constructed Textile Mill. This land was recorded as GHARABARI-2 in the year 1976 basing on the report dated 29.11.1975 of the Settlement Amin. After long gap of ten years of the purchase, the Opp. Party No.1 initiated a proceeding under Section 23 of the O.L.R. Act before the Revenue Officer, Titilagarh challenging the transfer of land as illegal for having taken place without pr