NITYANANDA GURU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Reference of these two applications, one by the father Nityananda (O. J. C. No. 262 of 1977) and the other by his sons Prakash Guru and others (O. J. C. No. 266 of 1977), has been made to resolve if the lands allotted to members of the erstwhile Hindu joint family on partition can be dubbed for the purpose of determining the ceiling area under Chapter IV of the Orissa Land Reforms Act, 1969 (hereinafter referred to as the 'Act').

(2.) Admittedly Nityananda has three sons and three slaughters. Admittedly none of the sons was major and married on 36-9-1970, the appointed day under Section 37 (b) of the Act. By a registered deed of partition dated 31-121965/13-1-1986, the lands in village Gunderpur were allotted to the shares of the sons and the daughters.

(3.) A suo motu proceeding under Section 42 of the Act was started by the Revenue Officer against Nityananda and the draft statement was published on 30-9-1975 in O. L. R. Ceiling Case No. 98 of 1975. Nityananda filed his objection stating that the lands in village Gunderpur were not available for being proceeded against in the ceiling proceeding started against him as by then by the above mentioned partition, the lands had been allotted to the shares of the sons and the daughters. He contended that since the partition, the lands were no longer held by him, but by his sons and daughters and the latter being the holders of the lands in their individual status, in the ceiling proceeding started against him, the lands so partitioned and allotted to the shares of the sons and the daughters were not available for inclusion. He submitted that the lands in village Pardhiapalli which had been allotted to him were the only lands held by him. The Revenue Officer, however, aggregating all the lands, both in Gunderpur and Pardhiapalli and treating the sons, the daughters and Nityananda as members of one family for the purpose of Chapter IV of the Act, finalised the proceeding. Appeal and revision filed by the father and the eons being unsuccessful, these writ applications were filed.