MIR NABIRUDDIN Vs. MIR SALIMUDDIN

JUDGEMENT

(1.) THIS is an application for a certiorari to quash the determination of the Revenue Officer in a proceeding under Section 9 of the Orissa Land Reforms Act.

(2.) OPPOSITE party No. 1 filed an application under Section 9 of the Orissa Land Reforms Act (for short, the 'Act') for a declaration that he was the raiyat in respect of a holding, 4.5 decimals in extent. The application was registered as O.L.R. Case No. 1052 of 1976. On 8.8.1976, the Revenue Officer rejected the petition holding that the application was not maintainable under Section 9 of the Act. On 2.9.1976, opposite party No.1 filed a fresh petition in respect of 2.5 decimals out of the property which was the subject -matter of the earlier proceeding. He claimed that he was in occupation of the house and homestead as a tenant since long and prayed that he should be declared as a raiyat in respect thereof The Revenue Officer called for a report from the Revenue Inspector. After receiving the report, the Revenue Officer passed the following order (Annexure -6) on 25.10.1976:

(3.) THE provision contained in Section 9 of the Act is beneficial in character. It confers a right on the raiyat or the tenant who has no permanent and heritable rights in respect of any site on which his dwelling house or farm house stands to secure a declaration that he is a raiyat in respect of the whole of such site or a portion thereof not exceeding one -fifth of an acre provided that he or his predecessor -in -interest has obtained permission, expressly or implied, from the person having permanent and heritable rights in the site and right to accord permission for the construction of such house, and has built such house at his own expenses.