JUDGMENT :

B.L. Hansaria, C.J. - The Bar tells us: There may be pain without injury, sorrow without tears, but not a right without remedy. This is what we have to keep in fore-front to decide the question with which this Full Bench is seized on a reference from a Division Bench, which is whether the power conferred by Section 37 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act. 1972 (hereinafter called 'the Act" ) would be available for exercise after a notification has been issued as contemplated by Section 41(1) of the Act on the subject that consolidation operations have been closed in the unit, the result of which is that the village or villages forming part of the unit cease to be under consolidation operations.

2. We may note in brief as to why the reference came to be made. This is so because the Bench hearing the aforesaid case felt after hearing the counsel for the petitioners for some time that the view taken in OJC No. 1671 of 1986 : (Govind Ch. Misra v. Kanak Prava Devi) disposed of on 6-5-1907 : 64 (1987) CLT 48: OJC No. 316 of 1985 (Krushna Priya Rath v. Consolidation Commissioner ) disposed of on 27-6-1991 ; and OJC No. 1662 of 1983 (