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Jeypore Sugar Company Limited Vs. Tahsildar-cum-revenue Officer, Rayagada and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtOrissa High Court
Decided On
Case NumberOriginal Jurn. Case No. 729 of 1977
Judge
Reported inAIR1982Ori144
ActsOrissa Land Reforms Act, 1960 - Sections 59
AppellantJeypore Sugar Company Limited
RespondentTahsildar-cum-revenue Officer, Rayagada and ors.
Appellant AdvocateY.S.N. Murty, Adv.
Respondent AdvocateAddl. Standing Counsel
DispositionPetition allowed
Cases ReferredBhanuganga Tribhuban Deb v. Tahasildar
Excerpt:
- motor vehicles act, 1988 [c.a. no. 59/1988]section 173(1) proviso; [d. biswas, amitava roy & i.a.ansari, jj] appeal without statutory deposit but within limitation/or extended period of limitation maintainability - held, if the provision of a statute speaks of entertainment of appeal, it denotes that the appeal cannot be admitted to consideration unless other requirements are complied with. the provision of sub-section (1) of section 173 permits filing of an appeal against an award within 90 days with a rider in the first proviso that such appeal filed cannot be entertained unless the statutory deposit is made. the period of limitation is applicable only to the filing of the appeal and not to the deposit to be made. it, therefore, appears that an appeal filed under section 173 cannot..........when the ceiling proceeding came up for consideration, petitioner laid claim to allotmentof 631.15 acres of land to it by contending that the lands as per particulars below were necessary for it :--(i) land required for housing accommodation of employees ...ac. 70.00(ii) land required for extension of factory premisesand storage ...ac. 41.00(iii) land required for sugar-cane research ...ac. 70.00(iv) land required for dumping of slag materials ...ac. 163-40(v) land for proposedtextile mill ...ac. 286.75total ...ac. 631.15it may be stated that the petitioner owned 789.66 acres (712 acres as stated by the company) and out of it 110.14 acres were conceded and for the remaining lands as indicated above, the company came forward with the claim. the revenue officer did not accept the excess.....
Judgment:

R.N. Misra, C.J.

1. This writ application calls in question the revisional order of the Revenue Divisional Commissioner rendered under Section 59 of the Orissa Land Reforms Act.

2. Petitioner is a Company incorporated under the Companies Act with its registered office at Jeypore in the district of Koraput. It has also a factory located there. Though known as Sugar Company, petitioner apart from manufacturing sugar has also switched over to other business including mining. When the ceiling proceeding came up for consideration, petitioner laid claim to allotmentof 631.15 acres of land to it by contending that the lands as per particulars below were necessary for it :--

(i) Land required for housing accommodation of employees ...Ac. 70.00(ii) Land required for extension of factory premisesand storage ...Ac. 41.00(iii) Land required for sugar-cane research ...Ac. 70.00(iv) Land required for dumping of slag materials ...Ac. 163-40(v) Land for proposedTextile Mill ...Ac. 286.75Total ...Ac. 631.15

It may be stated that the petitioner owned 789.66 acres (712 acres as stated by the Company) and out of it 110.14 acres were conceded and for the remaining lands as indicated above, the Company came forward with the claim. The Revenue Officer did not accept the excess claim on the five heads indicated above. In appeal, the appellate authority while upholding the direction of the Revenue Officer conceded ten standard acres of land to the petitioner holding that it was a person within the definition of Section 37-A of the Land Reforms Act. The order of the appellate authority conceding ten standard acres became final in the absence of any revision on behalf of the estate.

3. Petitioner challenged the appellate order in a revision and reiterated its claims. The revisional authority to deal with the claims of the petitioner concentrated upon the provisions of Section 8 of the Land Reforms Act which require a raiyat not to put lands to non-agricultural use and make a raiyat liable for eviction in the event of such change in the use. That certainly was not a relevant consideration for examining the petitioner's claim. What was necessary for consideration was whether under the law. petitioner was entitled to retain these lands under different provisions of the statute. We do not find any consideration of this aspect by the Commissioner. Though the appellate order had become final in respect of concession of ten standard acres to the petitioner and there was no revision before the Commissioner, he directed deletion of the ten standard acres in terms of the appellate order. It has already been held by us in the case of Bhanuganga Tribhuban Deb v. Tahasildar-cum-Revenue Officer, Sambalpur, (1982) 53 Cut LT 1 : (AIR 1982 Orissa 83) that the scheme under the Act is such that in the absence of a revision by the aggrieved party, every order must be taken to be final and it would not be open for an appellate or a revisional authority to make alterations in final orders while dealing with the appeal or revision of the adversary.

4. We are of the view that the revisional order must be vacated and the entire revision must be remanded for a fresh disposal in accordance with law. We accordingly allow the writ application, vacate the revisional order and direct redisposal of the revision in accordance with law. We make no order as to costs.

Behera, J.

5. I agree.


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