SATYANANDA MALI Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE facts giving rise to the present writ application may be noticed in brief. A ceiling proceeding under Chapter IV of the Orissa Land Reforms Act (in short the 'Act') was initiated against the present petitioners, wherein petitioner No. 1 was shown to be the ceiling surplus holder. In the said O.L.R. Case No. 164 of 1975, by order dated 31.12.1975, the matter was finalised and it was held that the petitioner and members of his family shall be entitled to retain 18 standard acres of land and balance Ac. 3.01 decimals of land was vested in the State Government. Thereafter, in the year 1991, O.L.R. Case No. 15 of 1991 was initiated apparently by applying the provision of Section 52 of the Act. In such proceeding, apart from questioning the maintainability of such fresh proceeding, it was contended on behalf of the petitioners that the eldest son, the present petitioner No. 2, had separated from his father prior to the appointed date and as such, fresh ceiling proceeding should not be initiated. It was also indicated that there had been no fresh acquisition of land after the finalisation of the O.L.R.Case No. 164 of 1975. The authorities below have held that after finalisation of the first ceiling proceeding, the petitioners have converted all the Class -IV lands to Class -III by raising paddy crops and as such a fresh ceiling proceeding can be initiated under Section 52 of the Act.

(2.) SECTION 52 of the Act contemplates about initiation of fresh ceiling proceeding. For convenience, the provisions contained in Section 52 of the Act are quoted hereunder :

(3.) EXPLANATION -II relates to conversion of homestead land which makes it clear that if any homestead land has been subsequently ceased to be used as homestead land, such land shall be considered for determination of fresh ceiling area. In the present case, it is not the case of the State Government that the said land was allotted as homestead land and has subsequently ceased to be homestead land.