JUDGMENT :

R.K. Pattanaik, J.

1. Instant writ petition under Article(s) 226 and 227 of the Constitution of India, 1950 is at the behest of the Petitioner questioning the correctness, legality and judicial propriety of the impugned order dated 17th August, 2009 (Annexure-6) passed in OEA Revision Case No.21 of 1998 by the Member, Board of Revenue (OP No.2) under Section 38-B of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as ‘OEA Act’) on the grounds inter alia that the jurisdiction was exercised arbitrarily and with considerable delay and therefore, deserves to be set aside in order to do substantial justice.

2. By order under Annexure-6, jurisdiction under Section 38-B of the OEA Act, which according to the Petitioner, was exercised after 56 years despite the fact that in Nijdakhal Case No.480 of 1959-60, the schedule land was settled with the intermediary, who, thereafter, sold it to the vendees under RSD No.3534 dated 19th March, 1962, whereafter, there was an amicable partition held between the purchasers and even part of the mortgaged property was disposed of by an auction in E.P. Case No.1683 of 1984-85 for clearing a loan with the Land Development Bank, Puri