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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Jadunath Mallik – Appellant
Versus
Additional Commissioner, Settlement and Consolidation, Balasore – Respondent
| Table of Content |
|---|
| 1. factual background of land settlement. (Para 1 , 2 , 3) |
| 2. arguments on legality of review powers. (Para 4 , 5) |
| 3. court's scrutiny of section 37 powers. (Para 6 , 7 , 8 , 9) |
| 4. limits on granting review without statutory power. (Para 10 , 11) |
| 5. conclusion quashing illegal review orders. (Para 12 , 13) |
JUDGMENT :
B.P. Routray, J.
1. Heard Mr. N.K. Sahu, learned counsel for the Petitioners, Mr. S.K. Dwivedy, learned counsel for Opposite Parties 4, 5 & 7 to 9 and Mr. U.K. Sahoo, learned ASC for State – Opposite Parties. It is submitted that Opposite Party No.6 died in the meantime.
2. The Petitioners have challenged the orders under Annexure-12 and 13 of the Additional Commissioner of Settlement and Consolidation, Balasore.
3. The brief facts of the case are that the Collector in Misc. Case No.716 of 1935-36 while approving exchange of land in CS Khata No.67, Plot No.176 measuring area Ac.0.84 dec. of village Tentuliapada granted the land in question in favour of Ex-Zamindar and pursuant to the order, an agreement was executed between the State and the Ex-Zamindar on 31st January 1936. On 12th September 1945, the Ex-Zamindar issued “Chirasthayee Rayati Amalanama Patta” in
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