JUDGMENT

K.R. Mohapatra, J. - Heard Mr. Susanta Kumar Dash, learned counsel for the petitioner and Mr. Sarojananda Mishra, learned Additional Government Advocate for the State-opposite party Nos 1 to 3.

2. The petitioner in this writ petition seeks to assail the order dated 17.01.2001 (Annexure-3) passed by the Commissioner, Consolidation & Settlement, Bhubaneswar in Consolidation Revision Case No.74 of 1997, whereby he dismissed the revision filed by the petitioner under Section 36 of the Orissa Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 (for short 'the Act') holding it to be not maintainable in view of publication of notification under Section 5(1) of the Act. Aforesaid Revision Case was filed assailing the order dated 20.02.1997 (Annexure-2) passed by Deputy Director, Consolidation, Bhubaneswar in Appeal Case No. 262 of 1996 filed under Section 12 of the Act assailing the order dated 19.11.1996 (Annexure-1) passed by the Consolidation Officer, Banpur under Section 11 of the Act in Objection Case No. 1577/215.

3. The averments made in the writ petition reveal that the Mouza-Nachuni was published under Section 3(1) of the Act and consolidation operati