JUDGMENT :

G.K. Misra, J. - Plaintiffs are the Petitioners. Their case is that their father late Bhagabat Mahapatra was the Karta of the joint family consisting of the Plaintiffs and Defendant-2. Defendants 3 to 6 are the sisters of the Plaintiffs. The disputed land is recorded as waste land under the Khurd a Khasmahal of the State of Orissa (Defendant-2). The Plaintiffs' father and the Plaintiffs reclaimed the disputed land and used it as their Bari land for more than 30 years. In the settlement, which has not he come final, their possession has been noted as Jabar Dakhal. In a proceeding under the Orissa Prevention of Land Encroachment Act, 1953 (Orissa Act XV of 1951), hereinafter to be referred to as the Act, the Collector of Puri erroneously held that the suit land was Gochar. The Collector's order was upheld by the Revenue Divisional Commissioner in Revision Case No. 92 of 1958-59. Plaintiffs filed the suit u/s 14 of the Act being aggrieved by the order of dismissal in the revision case on the assertions that the suit land is not Gochar or the communal land and the provisions of the Act have no application to the suit land and the orders passed are illegal, void and ultra vire