The Collector lacked jurisdiction to cancel the final R.o.R after seven years, as the opposing party did not pursue the required legal remedies under the OS&S Act.

JUDGMENT :

ANANDA CHANDRA BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the impugned order dated 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 by the Collector, Jajpur (Opp. Party No.1).

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the final R.o.R of the case land vide Khata No.830 plot No.22 Ac.0.250 decimals in Mouza-Banpur under Jajpur P.S. vide Annexure- B/2 was published by the Settlement Authorities under “Sthitiban” status in the name of the petitioner in the year 2015.

Seven years after the final publication of the said R.o.R vide Annexure-B/2, the Tahasildar, Jajpur (Opp. Party No.2) filed a revision before the Collector, Jajpur (Opp. Party No.1) vide O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962 praying for cancellation of the R.o.R vide Annexure-B/2 from the name of the petitioner to the name of the State/Government, to which, the petitioner being the Opp. Party in that OSS Revision Case No.07 of 2022 objected on the ground that, the Collector has no power, authority or jurisdiction under law to cancel the finally published R.o.R of the case land vide Annexure-B/2 by the Settlement Authorities in the name of the petitioner through the said Revision filed by the Tahasildar, Jajpur (Opp. Party No.2) under Rule 42-A of the OS&S Rules, 1962, because, such revision vide OSS Revision Case No.07 of 2022 before the Collector, Jajpur (Opp. Party No.1) is not entertainable under law.

After hearing, the Collector, Jajpur (Opp. Party No.1)passed the impugned order on dated 08.06.2023 (Annexure-7) in that O.S.S. Revision Case No.07 of 2022, for cancellation and correction of the finally published R.o.R of the case land from the name of the petitioner to the name of the Government with a direction to record the case land under “Abada Jogya Anabadi Khata” of the Government assigning the reasons that,

“the case land was the Government land under “Anabadi Khata” of the Government, but the same was recorded in the name of the petitioner adopting fraud and overlooking the interest of the Government and sent copy of the said order to the Tahasildar, Jajpur (Opp. Party No.2) for correction of the R.o.R of the case land from the name of the petitioner to the name of the Government.”

3. On being aggrieved with the said impugned order dated 08.06.2023 (Annexure-7) passed by the Collector, Jajpur (Opp. Party No.1) in O.S.S. Revision Case No.07 of 2022 under Rule 42-A of the OS&S Rules, 1962, the petitioner challenged the same by filing this writ petition praying for quashing (set aside) that impugned order dated 08.06.2023 (Annexure-7) passed in O.S.S. Revision Case No.07 of 2022 by the Collector, Jajpur (Opp. Party No.1) on the ground that, seven years after the final publication of the R.o.R of the case land by the Settlement authorities in the name of the petitioner, the Collector, Jajpur (Opp. Party No.1) had no power, authority or jurisdiction under law to entertain the revision vide OSS Revision Case No.07 of 2022 filed by the Tahasildar, Jajpur (Opp. Party No.2) for cancellation of the finally published R.o.R vide Annexure-B/2 of the case land from the name of the petitioner to the name of the Government.

4. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.

5. As per the rival submissions of the learned counsels of both the sides, the crux of this writ petition is that,

“Whether 7 years after the final publication of the R.o.R of the case land vide Annexure B/2, the revision filed by the Tahasildar, J