SURENDRA KUMAR PATJOSHI Vs. MEMBER BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ application is directed against the decision of the Member, Board of Revenue, Orissa, dated 29th December, 1995 in O.L.R. Revision Case No. 17 of 1995 accepting the reference made by the Collector and remitting the matter back to the Revenue Officer, Dharamgarh, for fresh inquiry in the case of the ceiling surplus land holder petitioner Nos. 1, 2, 3 and 7.

(2.) A ceiling surplus proceeding under the provisions of the Orissa Land Reforms Act, 1960 was started against one Paramananda Patjoshi of village Tumura in the district of Kalahandi in the month of May 1974. The said Paramananda Patjoshi having died in the year 1968 prior to the appointed dated i.e. 26.9.1970 ceiling surplus proceeding cases were again initiated against the sons and widow of late Paramananda Patjoshi individually. All the ceiling surplus cases were tagged with the original case record and the Revenue Officer disposed of the ceiling surplus cases in December 1976 allowing the entire family eight separate ceilings. Each of the ceiling surplus land holder was allowed 19.85 acres of land. Against the said order passed by the Revenue Officer, the Collector, Kalahandi, made a reference to the Member, Board of Revenue, in the year 1983 in O.L.R. R.C. No. 153/83. In the said reference a ground was taken by the Collector, Kalahandi, that the age of some of the sons of late Paramananda had been manipulated in the School Admission Register to show them major on the appointed date i.e. 26.9.1970 so as to make them entitled to separate ceilings under Section 37 of the Act. The aforesaid reference made by the Collector was not accepted by the Member, Board of Revenue and the revision was dismissed by order dated 31.12.1984. The Collector, Kalahandi, again made a reference in the year 1995 which gave rise to the present O.L.R. Revision Case No. 17 of 1995 before the Member, Board of Revenue, Orissa. In the reference in question, the Collector has challenged the legality of the order passed by the Revenue Officer allowing the ceiling surplus land holders to retain 18 standard acres of land each though in fact they are entitled to 10 standard acres of land. The said reference was again entertained by the learned Member, Board of Revenue and in the impugned order the reference was accepted in respect of four ceiling surplus land holders as stated earlier. Shri S. Mishra -2, learned counsel appearing on behalf of the petitioners challenged the impugned judgment passed by the Member, Board of Revenue on the ground that once a reference made under Section 59(2) was entertained and disposed of by the Member, Board of Revenue, a second reference is not maintainable and the Member, Board of Revenue is also left with no jurisdiction to entertain such a reference. Reliance is placed on a decision of this Court in the case of Surya Kumar Behera v. Board of Revenue, Orissa, Cuttack, and Ors., reported in 1992(I) OLR -384. The learned Addl.Government Advocate appearing on behalf of the State submitted that the first reference made by the Collector, Kalahandi, which gave rise to O.L.R. Revision Case No. 153/83 was on an issue relating to some interpolations made in the School Admission Register concerning the age of some of the ceiling surplus land holders. In the second reference the Issue was different and, therefore, the same was entertained by the Member, Board of Revenue.

(3.) I accordingly, allow the writ application, set aside the impugned judgment and order dated 29th December, 1995 passed by the Member, Board of Revenue, Orissa, in O.L.R. Revision Case No. 17 of 1995 under Annexure -1.