4. 05.04.2021

This matter is taken up by video

conferencing mode.

2.

Heard Mr.Sidheswar Mohanty, learned

counsel for the petitioner and Mr.S.N.Mishra,

learned

Additional

Government

Advocate

appearing for the State-opposite parties.

3.

The petitioner in this writ petition prays

for a direction for early disposal of S.R.P.

No.317 of 2018 pending before the Collector and

District Magistrate, Kalahandi.

4.

On the last occasion, i.e., on 26.03.2021

when the matter was taken up, Mr.Mohanty,

learned counsel for the petitioner relied upon

the

Notification

No.RDM-CHS-PGVIP-0002-

2016-23966 dated 21.07.2017 issued by the

Revenue & Disaster Management Department,

Odisha, Bhubaneswar and submitted that the

Collector has the power to adjudicate revision

under Section 15(b) of the Orissa Survey &

Settlement Act, 1958 (for short ‘the Act’).

5.

However, Mr. Mishra, learned Additional

Standing Counsel for the State submitted that

the power conferred on the Additional District

Magistrate,

Kalahandi

vide

Notification

No.39367 dated 23.10.2018 issued by the

Revenue

and

Disaster

Management

W.P.(C) No. 10778 of 2021

2

Department, Odisha, Bhubaneswar to exercise

the power and perform function under Sections

6-D, 15 and 25 of the Act has been withdrawn

vide subsequent Notification No.5173 dated

14.02.2019 issued by the Revenue & Disaster

Management

Department,

Odisha,

Bhubaneswar. Thus, a submission is made that

Collector has no power to adjudicate a revision

under Section 15(b) of the Act.

4.

In view of the aforesaid submission, this

Court had directed learned State counsel to

take instruction in the matter.

5.

Today, Mr.Mishra, learned AGA submits

the he has not yet received any instruction in

the matter and prays for some more time for the

same.

6.

Mr. Mohanty, learned counsel for

the

petitioner,

however,

submits

that

notification referred to by learned State Counsel

issued

by

the

Revenue

and

Disaster

Management

Department,

Odisha,

Bhubaneswar was with regard to conferment of

power

on

Additional

District

Magistrate,

Kalahandi and withdrawal of such power, but it

does not speak about the conferment of power

on

the

Collector

and District

Magistrate,

Kalahandi to decide Revision under Section

3

15(b)

of

the

Act

vide

notification

dated

21.07.2017. Thus, the Collector and District

Magistrate, Kalahandi has power to consider

and adjudicate upon the Revision under Section

15(b) of the Act.

7.

Taking

into

consideration

the

submissions of learned counsel for the parties,

this Court is of the considered view that in view

of the nature of dispute involved, the same can

be

examined

by

Collector

and

District

Magistrate, Kalahandi and to proceed with the

matter accordingly.

8.

In view of the above, the writ petition is

disposed of with a direction that the Collector

and District Magistrate, Kalahandi shall do well

to examine the matter and if he comes to a

conclusion that he has jurisdiction to exercise

power under Section 15(b) of the Act, he shall

adjudicate the revision under Section 15(b) of

the Act in accordance with law, as expeditiously

as possible giving opportunity of hearing to the

parties concerned.

9.

The entire exercise shall be completed as

expeditiously as possible, preferably within a

period of ten months from the date of

production of certified copy of this order. It

would be open for the petitioner to move for

4

interim protection, if any before the Collector

and

District

Magistrate,

Kalahandi,

if

so

advised.

9.1

As restrictions due to the COVID-19

situation are continuing, learned counsel for the

parties may utilize a soft copy of this order

available in the High Court’s website or print

out thereof at par with certified copy in the

manner prescribed, vide Court’s Notice No.4587

dated 25^th March, 2020.

…….