K. RAVANAMMA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ application challenging the orders passed by the OLR authorities on an application filed by the petitioner under Section 23 of the Orissa Land Reforms Act (in short, "the Act").

(2.) The facts, leading to the present case, are as follows:.

(3.) During pendency of the application, Chandravati obtained a caste certificate on 3.10.1981 from the Sub-Divisional Officer, Berhampur showing her caste as "Bauri" which has been included in the list of Scheduled. Castes declared by the presidential order. The said certificate was obtained without any inquiry or verifying the previous ROR, etc. The application filed by Chandravati, present opposite party no. 5 was rejected by the Sub-Divisional Officer on the ground that Section 22 of the Act was not applicable to the house and land in question inasmuch as it is situated within the Berhampur Municipality. It was observed that during pendency of the said case she cunningly obtained the said certificate showing herself to be "Bauri" by caste. Therefore, she was not entitled to get any relief. Being aggrieved by the said order, she filed OLR Appeal No,. 30 of 1981 before the Addl. District Magistrate, Ganjam who remanded the appeal to the Sub-Divisional Officer on 16.9.1982 with a direction to determine whether she belongs to Scheduled Caste and whether the house was used for the purpose of agriculture or ancillary to agriculture.