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2024 Supreme(Ori) 124

IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Jadunath Mallik – Appellant
Versus
Additional Commissioner, Settlement and Consolidation, Balasore – Respondent


Advocates Appeared:
For the Petitioner:Mr. N.K. Sahu, Advocate
For the Opposite Party : Mr. U.K. Sahoo, ASC, Mr. S.K. Dwivedy

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 :

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.

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 respect of 60 decimals out of Plot No.176 in favour of Sadhu Charan Panda for cultivation on receipt of Salami. Then upon vesting of estate the land was settled

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