JUDGMENT :

G.B. Pattnaik, J. - In this writ petition, the petitioners question the legality of the order of opposite party No. 4 dated 20-2-1978, annexed as Annexure-5, by which order he reviewed his earlier order dated 5-4-1977 and also the legality of the order dated 12-10-1982 passed by the Member, Board of Revenue, in exercise of his power u/s 38-B of the Orissa Estates Abolition Act, annexed as Annexure 9.

After stating the facts it is found :

4. It is necessary to state some admitted features of this case before entering into a discussion on the merits of the contentions raised by counsel on their side. The properties in question are the waqf properties of mosque, Juma Masjid and Sk. Wahabullah was the Motwali. Though the lands vested under the provisions of the Orissa Estates Abolition Act on 18-3-1974, no application had been filed to the Collector under the said Act for settlement within the stipulated period. The application which was filed in the year 1976 by Sk. Rasul Bux, the father of the present petitioners as well as the application filed by opposite parties 7 and 8 on 28-11-1977, are the applications not under the Orissa Estates Abolition Act, but under the Executive