NILADRI CHOUDHURY Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India assailing order of the Board of Revenue passed under Section 59(2) of the Orissa land Reforms Act, 1960 (hereinafter referred to as the Act').

(2.) PETITIONER is a land -holder. Alleging that he holds land beyond the ceiling are, a proceeding was initiated under Section 41 of the Act on 9 -7 -1975 for determining the ceiling surplus lands in his hand. Draft statement was prepared on 17 -8 -1975 which was confirmed on 21 -11 -1975. Against the said order, an appeal under Section 44 of the Act was filed by the Petitioner on 3 -12 -1975 which was dismissed on 19 -6 -1976 as barred by limitation. Within 11 days of disposal of the appeal on 30 -6 -1976 Ac. 22.15 decimals of land out of 35 acres 75 decimals held to be ceiling surplus was distributed by the Revenue Officer in exercise of the powers under Section 51 of the Act treating the same to have vested in the State Government as surplus land. Petitioner filed a revision against the appellate order within the time prescribed which was allowed by the revisional authority on 15 -4 -1977 directing the appellate authority to hear the appeal on merits. Appellate authority being satisfied that determination of the surplus area requires consideration, directed the Revenue Officer to again consider the matter. Revenue Officer modified the statement after hearing. In place of 11.48 stand red acres equal to 35 acres 75 decimals, it determined the surplus land to be 1972 standard acres equal to 7 acres. 421/2 decimals. Accordingly, he issued notice to Petitioner to deliver the aforesaid land as specifically stated in Annexure -1 dated 24 -8 -1979 as provided in Section 45 -A of the Act. Petitioner asserts that he has already delivered possession of those 7 acres and 42 1/2 decimals as per Annexure -1.

(3.) SHORT question for consideration in this case is the correctness of the direction of Board of Revenue requiring that persons to whom lands have been distributed to be heard. Some such persons have appeared in this writ application to support the order of the Board of Revenue.