SANKARSAN MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application arises out of a ceiling proceeding under Chap. IV, Orissa Land Reforms Act.

(2.) The petitioners are the sons of late Gour Chandra Misra. Their mother is Sitamani, opposite party No. 5.

(3.) A suo motu proceeding under Section 42, Orissa Land Reforms Act (for short, the Act) was started treating Sitamani as the head of the family. The sons were not parties. In due course draft statement was prepared showing 8.48 acres as surplus and was published requiring the landholder to file objection, objection was filed by Sitamanistating that her sons after partition were in possession of substantial part of the property in their own rights. They were not members of her family as per the definition of 'family' contained in Section 37 (b) of the Act. It was also contended that Sitamani was holding certain land as donee under a deed of gift executed by her late husband. It was canvassed that proceeding in respect of Sitamani could be for the lands received by her as a donee and the rest of the land in respect of which there had been partition between the sons should be excluded.