BHUBANESWAR PRASAD SINGH DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution for quashing the decisions of the different authorities under the Orissa Land Reforms Act (hereinafter referred to as the 'Act') in the matter of fixation of ceiling surplus lands by issue of a writ of certiorari.

(2.) Initially there were two separate ceiling surplus proceedings under Section 42 of the Act--one against petitioner's mother Smt. Soubhagya Manjari Devi and the other against the petitioner, but later, the Revenue Officer dropped the proceeding so far as the petitioner is concerned and in a single proceeding, the entire property belonging to the petitioner and his mother was taken into consideration. By his order dated 11-11-1976 (Annexure 1), the Revenue Officer stated:--

(3.) There is no dispute that the petitioner was separated both in mess and by metes and bounds from his mother in 1982. In the record-of-rights finally published on 26-8-1965 petitioner has been shown to be completely separate and there is a separate record published in his name. Since challenge by the petitioner in this writ application is on the footing that ha is entitled to be treated as a landholder on his own right, separate from his mother and, therefore, he was entitled to a separate ceiling unit, we have to examine whether in law on the facts found petitioner could be treated as a separate ceiling holder.