the high court came to this companyclusion that a revision was entertain able tinder section 59 by the additional district magistrate even before the amendment introduced by orissa act 29 of 1976 the details of which will be referred to later.
the revenue officer rejected the plea of the respondent that there was a partition between him and his sons and determined the surplus extent as 12.08 standard acres.
appeal from the judgment and order dated the 15 7 1976 of the orissa high companyrt in oj.c number 698 of 1976.
the additional district magistrate held that the appellate orders trader section 44 were final and that no revision lay to him.
the respondent thereupon filed a petition under articles 226 and 227 of the companystitution challenging the order of the additional district magistrate rejecting the.
revision petition.
the respondent herein is a land holder whose ceiling surplus was determined by the revenue officer under section 43 of the orissa land reforms act 1960 as amended by act 13 of 1965 and subsequently by act 29 of 1976.
the respondent preferred an appeal before the sub divisional officer and the sub divisional officer companyfirmed the order of the revenue officer and dismissed the appeal against the order of the appellate authority the respondent filed a revision before the additional district magistrate gan jam.
vepa parthasarthy and c.s.
civil appellate jurisdiction civil appeal number 903 of 1976.
rath advocate general orissa r.k.
the judgment of the companyrt was delivered by kailasam j. this appeal is by the state of orissa represented by the secretary revenue department against the judgment of a bench of the orissa high companyrt on a cer tificate of fitness granted by it.
rao for respondents.
mehta for the appellants.
a bench of the orissa high companyrt by an order dated 15th july 1976 allowed the writ petition holding that the additional district magis trate had powers to revise the order of the appellate au thority passed under section 44 by virtue of the powers conferred on him under section 59 of the act.
