M.M. Das, J.—The petitioner in this writ petition calls in question the order dated 27.11.1997 passed by the Sub-Collector, Anandpur in Mutation Appeal No.42 of 1993 under Annexure 7. The petitioner has also raised a question of jurisdiction of the Sub-Collector in entertaining the said appeal as well as a ground that the said order is perverse.

2. The facts leading to the said appeal disclose that the disputed land measuring an area of Ac 0.46 decimals out of Ac.1.82 decimals in Mouza Fakirpur under sabik khata No.222 appertaining to plot No.885 corresponding to Hal khata No.1373 and plot Nos. 310/1/6361 and 310/6296/6362 originally belonged to one Bala Mallik, S/o. Gadei Mallik and was recorded in his name on rayati status in the 1914-15 settlement. There was a devastating flood in 1927-28 in river Baitarani on the bank of which the disputed land is situated, converting the said land into “Balichara”. It is the case of the petitioner that instead of such change of status of the land, said Bala Mallik remained in possession of the said land. During Hal settlement operation, the recorded tenant being very old and illiterate could neither take any steps to get his name recor