JUDGMENT :

R.K. Pattanaik, J

1. The Petitioners have filed the instant writ petition invoking under Article(s) 226 and 227 of the Constitution of India, 1950 challenging the impugned order dated 9th March, 2004 passed in O.E.A. Appeal No.6 of 2003 (Annexure-3) by the learned Additional District Magistrate, Dhenkanal (O.P.No.2) on the grounds inter alia that the jurisdiction was wrongly exercised and therefore, it is not tenable in law and thus, liable to be interfered with.

2. The Petitioners contention is that by virtue of an executive instruction of the Government dated 6th December, 2012 (Annexure-1), the land in question which had vested and recorded as bebandobast, was settled in their favour by order dated 14th August, 2001 of O.P.No.3 which was appealable to the Sub-Collector but, O.P.No.2 erroneously entertained an appeal in terms Section 9 of the Orissa Estates Abolition Act, 1951 (hereinafter referred to as ‘the OEA Act’) and then, passed the impugned order under Annexure-3 which is, therefore, untenable in law.

3. It is pleaded that the subject in question stood recorded under Khata No.8 measuring Ac.13.15 dec. in Sabik ROR as debottar bahel interest of O.P.No.4 which co