S.37 Odisha Prevention Of Land Fragmentation Act | Tahasildar Can't Modify Record Of Rights Against Direction Of Revisional Authority: High Court

The Orissa High Court has recently held that a Tahasildar cannot modify or improve upon the Records of Rights going against the directions of the revisional authority under Section 37 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972. While setting aside such a deviation, a Single Judge Bench of Justice Biswanath Rath observed, "…the Tahasildar in his limited jurisdiction took a decision differing from the direction of the competent authority U/s.37 of the O.C.H. The Bench held that the aforesaid act of the Tahasildar is not permissible in the eyes of law and in its considered opinion, so long as the order of the competent authority under the above provision remains intact, the Tahasildar being the subordinate authority is bound by the same The Court found that the Tahasildar, in disposal of the proceedings, exceeded his jurisdiction and even acted contrary to the direction of the superior authority. Accordingly, the Court interfering with the impugned order of the Tahasildar, set aside the same and remitted the matter back to the Tahasildar for reconsideration, strictly in terms of the direction of the revisional authority.