PRADIPTA GANGADEV Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application under Art. 226 of the Constitution of India, petitioners have prayed to issue a writ in the nature of certiorari quashing orders of the Revenue Officer and appellate and revisional authorities (Annexures 1, 5 and 6) in a ceiling surplus proceeding under the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act)

(2.) LATE Bhanuganga Trivuban Dev is the land -holder. Petitioners are his two major married sons separated as such before 26 -9 -1970. Bhanuganga and petitioners filed three separate returns. Petitioners were treated as separate land -holders and as such their lands were dealt with separately where they were allowed to retain lands within the ceiling area. Bhanuganga with his widow and his daughter was treated to be a family as defined in Section 37 (b) of the Act. Bhanuganga not being satisfied with determination of his ceiling surplus lands approached this Court in OJC 83 of 1977. By decision dated 21 -10 -1 81, revisional order was modified and Revenue Officer was directed to include in the enquiry lands located in the urban areas to establish their link with agricultural purposes. Thus, in effect confirmation of the draft statement was vacated as an enquiry is to be made before the draft statement is confirmed.

(3.) WIDOW of Bhanugang preferred an appeal against confirmation of the draft statement. After being entertained, it was posted to 28 -1 -1986 for receiving records from the Revenue Officer and for examination of the record by Advocate for the appellant. On that day, finding the Advocate for appellant absent, appellate authority perused the record and being of the view that the appeal is a Second Appeal for which there is no provision in the Act, dismissed the appeal.