SMT. GOMATI BEHERA Vs. MULLAPUDI RATTAMA AND OTHERS

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been filed by a ceiling surplus-holder challenging legality of the order passed by the Officer-on-Special Duty (D.R.), Sambalpur in O.L.R. Revision Case No. 88 of 1985 dated 1-6-87 on the ground that the impugned order has been passed by the Officer-on-Special Duty, opp. party No. 5 without jurisdiction in entertaining the application under Sec. 60(2) of the Orissa Land Reforms Act (for short 'the Act') for revision and directing to retain the lands sold by one of the daughters of the ceiling holder to the present opp. parties 1 to 3 in retainable area of her and thereby revising the confirmed statement.

(2.) The present petitioner is the widow of late Ratnakar who was the original ceiling holder in whose name record of right of the land which was the subject matter of the ceiling proceeding, stood. Ratnakar was survived by his widow the present petitioner, his only son Surendra and three daughters by name Parbati, Suhasini and Pankajini. There was amicable family settlement as per the averments made in paragraph-3 of the writ petition amongst the members of family which was executed in writing on 26-1-1965. Under the settlement, Act, 17.50 decimals fell to the share of the present petitioner, Ac. 19.46 decimals of land to each of the daughters and an area of Ac. 65.43 decimals fell to the share of the son. It is alleged that separate possession of respective shares was being enjoyed by the said members of family. Later, however, one of the daughters filed asuitbearingT.S.No. 29/72 in the Court of the Subordinate Judge, Sambalpur for partition of the properties in terms of the deed of settlement dated 26-1-65 which was decreed on 9-8-1973.

(3.) in 1974 a ceiling proceeding was initiated against the present petitioner and the Addl. Tahasildar-cum-Revenue Officer passed his order in O.L.R. Ceiling Case No. 249 of 1974 on 21-2-83 holding that Ac. 62.30 standard acres of land was the surplus land found in the possession of the present petitioner as per the recital of the petitioner in the writ application. The certified copy of the said order, however, has not been filed as an annexure. In the said ceiling proceeding, the petitioner had raised her objections as follows :