Case Note & Summary
The dispute involved a land settlement order made in favor of a deity in Bishwanathpur under the Orissa Estates Abolition Act, 1951. The order, dated 2.4.1966, was not appealed against and thus became final. However, on 24.7.1974, twelve villagers from Panibhandar sought a review of this order, claiming that the public notice regarding the settlement was not properly served. The O.E.A. Collector, exercising purported review powers, agreed and set aside the original order, leading to an appeal by the deity to the Additional District Magistrate (ADM). The ADM noted that the Collector lacked explicit review powers but justified the order as one of recalling due to a failure of justice. The ADM remanded the case for fresh disposal. The deity then approached the High Court, which ruled that the Collector's review power did not exist and set aside both the Collector's and ADM's orders. The villagers appealed to the Supreme Court. The Supreme Court upheld the High Court's decision, stating that the only review provision in the Act was under Section 38A, which was not applicable in this case. The court emphasized that the O.E.A. Collector's actions were without jurisdiction and that the alleged irregularity in notice service did not affect jurisdiction. The appeal was dismissed without costs.
Headnote
A) Administrative Law - Review of Orders - Power of Review - Orissa Estates Abolition Act, 1951, Section 38A - The O.E.A. Collector lacked the power to review the settlement order as the application did not meet the criteria for review under the Act. The High Court correctly set aside the order of the O.E.A. Collector as it was made without jurisdiction. Held that the appeal was dismissed (Paras 1-5).
Issue of Consideration
Whether the O.E.A. Collector had the power to review or recall the order of settlement dated 2.4.1966.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the O.E.A. Collector acted without jurisdiction in reviewing the settlement order.
Law Points
- Review of orders
- Jurisdiction
- Inherent powers of courts
- Settlement of land claims
- Orissa Estates Abolition Act
- 1951
