BHARGABI DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD . A suo motu ceiling case under the provisions of the Orissa Land Reforms Act being O.L.R. Case No. 305 of 1975 was initiated by the Tahasildar. Jaipatna in the district of Kalahandi exercising powers of Revenue Officer for determining ceiling area of opp. party No. 5, namely, Srimukha Behera. In the said ceiling proceeding opp. party No. 5, Srimukha Behera, claimed that his mother, the original writ petitioner (since deceased) and his married daughter were entitled to two separate ceilings. It was claimed that there was a partition prior to the appointed date between the mother and opp. party No. 5 and the mother was enjoying the land allotted to her remaining in separate cultivating possession.

(2.) IT also appears that the appellate authority did not issue any notice to Bhargabi Devi although the order ultimately passed by him went against her. Opp. party No. 5, thereafter filed a revision before the revisional authority which was rejected. On the basis of the appellate order that Tahasildar -cum -Revenue Officer prepared a Schedule of the vested land and included the lands of Bhargabi Devi the original writ petitioner in the said Schedule. Thereafter the original writ petitioner filed an appeal before the appellate authority. The appellate authority dismissed the appeal. The original writ petitioner filed a revision which was also rejected. Hence the present writ application. During pendency of this writ application the original writ petitioner Bhargabi Devi died and she has been substituted by the present petitioners who are claiming to be her heirs on the basis of a registered Will executed by Bargabi Devi on May 23, 1984.

(3.) ACCORDINGLY , the writ petition is allowed. The order passed by the Tahasildar -cum -Revenue Officer in favour of opp. party No. 5, Bhargabi Devi is affirmed, the consequential order of vesting of the land in favour of Bhargabi Devi passed try the Tahasildar, Jaipatna is also set aside, and the other orders refusing to interfere with the said order of the appellate authority are held to be unsustainable. The Tahasildar -cum -Revenue Officer will now prepare a fresh vesting schedule excluding the land included in the ceiling of Bhargabi Devi.