P VENKATESWAR RAO Vs. REVENUE OFFICER AND TAHSILDAR

JUDGEMENT

(1.) This application for a writ of certiorari arises out of a ceiling proceeding under Chapter IV of the Orissa Land Reforms Act. The petitioner and his brothers were treated to belong to one family and certain of their lands were classified as Class I and the ceiling proceeding was concluded accordingly. Appeal and revision having yielded no benefit, the petitioner has taken shelter in this Court.

(2.) So far as the question of separation/ partition is concerned, we have not been convinced about the merits of the petitioner's case. The said finding of the Revenue Authorities is not available to be impeached and is, therefore, sustained. There is, however, much force in the submission of the counsel for the petitioner that the adjudication of the question of classification has been perfunctory.

(3.) Local inspection was made by the Revenue Officer and it was found that the petitioner has set up his own water pump run by diesel and water channels were found to have been constructed. From this the Revenue Authorities concluded that lands of the opposite parties were of Class 1 except one plot which was classified as Class IV. Section 2 (5-a) of the Act defines classes of land. As far as is relevant, Class I land means: