SUDHANSU SEKHAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner has filed this writ petition challenging the orders of the Revenue authorities.

(2.) The brief facts of the case are that the petitioner is the purchaser of the disputed land appertaining to Khata No.289, Plot No.192, H3.200 out of H3.255 in MouzaNuagaon, District-Phulbani, Hal District- Kandhamal. He purchased the said land from opposite party no.6 by registered sale deed dated 12.7.1982 and is in possession of the same till date.

(3.) Learned counsel for the petitioner submitted that the disputed land is in possession of the petitioner from the date of purchase till date and no attempt has yet been taken by the Revenue authority to take possession of the same from him as per law. From the facts narrated above, it would be clear that the ceiling surplus land-holder has not given his option to retain the land of his choice. Since the proceeding was initiated by the Revenue authority after the petitioner purchased the land, the Revenue officer should have included the disputed land within the ceiling limits area of the landholder. In support of his contention, he cited an unreported decision of this Court in OJC No.542 of 1979 (Samanta Narayan Srichandan Mohapatra vrs. Tahasildar, Banki and others disposed of on 4.7.1985) wherein it is held that while calculating the ceiling surplus land, the transferred land by the ceiling surplus land-holder after 26.9.1970 i.e. the cut off date, is to be retained in his retention area and for balance land he is to exercise his choice. In view of the said decision, the orders of the Revenue authorities are liable to be set aside.