SOURINDRA NARAYAN BHANJA DEO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE two writ application under Articles 226 and 227 of the Constitution of India were heard together as they arise out of the common order dated the 8th October, 1993, passed by the Member, Board of Revenue, Cuttack, under the Orissa Land Reforms Act, 1970 (hereinafter referred to as 'the Act') in respect of the lands which the petitioners claim to have retained the same by orders of the Revenue Officer, Kanika, and also the revisional authority.

(2.) THE facts of the case are as follows : The disputed Lands stood recorded in the name of Late Sailendranarayan Bhanja Deo (Ceiling Holder, since dead). Orissa Land Reforms Case No. 47 of 1974 was initiated by the Revenue Officer, Kanika, against the said ceiling holder under Section 41 (2) of the Act on the allegation that the ceiling holder failed to submit return under Section 40 of the said Act. The proceeding was initiated on 20.5.74. On 12.2.1975 the Revenue Officer was satisfied that all the three sons of the ceiling holder were major, married and were separate from the ceiling holder and passed orders holding that the lands held by those sons (writ petitioners) should be excluded from the ceiling proceeding. Accordingly, separate ceiling proceedings were initiated against the petitioners (sons) and the same were finally disposed of by order dated 4.8.1976. The said cases were subjected to appeal, revision, writ jurisdiction and S.L.P. and the same were dismissed. As the matter stood thus, O.L.R. Case No. 47 of 1974 in respect of the Late Sailendranarayan Bhanja Deo, original ceiling holder continued and after his death in 1982, against his widow Late Smt. Manjula Manjari Dei (one of the petitioners) which was also concluded finally on 27.1.1984 and draft statement was published and the same were modified and confirmed under Section 44 (1) of the Act. While this was the position, a suo motu motion was initiated by the Collector, Cuttack under Section 59(2) of the Act referring to the order dated 27.1.1984 of the Revenue Officer, Kanika passed in O.L.R. Case No. 47 of 1974 against the original ceiling holder Late Sailendranarayan Bhanja Deo. The following are the references :

(3.) BEFORE dealing with the submissions of the respective parties, it would be apt to indicate below the undisputed facts :