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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C. BEHERA
Anu Sen – Appellant
Versus
Kumudini Dhada – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute. (Para 1 , 2) |
| 2. court observations on hearing and remand. (Para 3 , 9) |
| 3. arguments about the legality of remand order. (Para 4 , 6) |
| 4. ratio regarding revision court limitations. (Para 7 , 8) |
| 5. conclusion and order for remanding the case. (Para 10 , 11 , 12) |
JUDGMENT :
1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioners praying for quashing (setting aside) the final order dated 29.03.2023 (Annexure-1) passed in OLR Revision Case No.15 of 2005 by the Addl. District Magistrate, Balasore (O.P. No.10) and also to set aside the order dated 18.07.2005 (Annexure-3) passed in OLR Appeal No.1 of 1999 by the Sub-Collector, Balasore (O.P. No.11) and to confirm the order dated 08.12.1998 (Annexure-2) passed in OLR Case No.82 of 1997 by the Tahasildar, Soro (O.P. No.12).
On the basis of the said application, the O.P. No.12 instituted OLR Case No.82 of 1997 under Section 4 (5) of the O.L.R. Act, 1960 and as per order dated 08.12.1998 (Annexure-2) passed in that OLR Case No.82 of 1997, the O.P. No.12 declared to the petitioners as raiyats of the case land.
After hearing from bot
The scope of a Revisional Court's review is limited to legality and propriety of orders, not merits; failure to address key legal issues renders such orders unsustainable.
The failure to provide a reasonable opportunity to a party in the proceedings contravenes the principles of natural justice, rendering the order invalid.
Dismissal of land conversion application deemed unsustainable due to contradictions with prior court findings.
Judicial orders must not be cryptic and should reflect proper reasoning; dismissing a revision due to technical grounds violates natural justice principles.
Sale deeds executed without permission under Section 22 of the OLR Act are void ab initio, and possession claimed based on such deeds cannot establish title through adverse possession.
The revisional authority can exercise powers to rectify injustices despite delays, particularly in cases of documented fraud and jurisdictional excesses under the Orissa Estate Abolition Act.
Civil courts retain jurisdiction to adjudicate on matters showing procedural irregularities in revenue court decisions, even if some claims are governed by the OLR Act.
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.
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