JUDGMENT :

1. The Writ Petition involves a challenge to the order passed by the Commissioner, Consolidation, Bhubaneswar involving Revision Case No.82 of 2004.

2. Background involving the case is that the case under Section 37(2) of the OCH & PFL Act initiated by the Petitioner was remanded to the Consolidation Officer, Puri with direction for undertaking appropriate exercise for consideration of the case of the Petitioner in the consolidation operation going on there. It appears, based on such order, the Consolidation Officer undertook an exercise under Section 9 of the OCH & PFL Act and finally, vide order dated 22.4.2002 directed recording in favour of the Petitioner the land extending Ac.0.95 instead of Ac.0.82. An appeal being filed, the Appellate Authority interfered with the impugned order on two premises. Firstly, there was no challenge to the previous settlement recording and as such, the Consolidation Officer should have acted on the unchallenged Record of Right. The second ground of interference by the Appellate Authority being based on disposal of an O.E.A. Proceeding, vide O.E.A.No.1068/64. Mr.Mishra, learned counsel alleged, the Revisional Authority also accepted the fi