JAGANNATH KAR Vs. SUB DIVISIONAL OFFICER CUTTACK

JUDGEMENT

(1.) This is an application under Arts.226 and 227 of the Constitution arising out of a proceeding under Chapter IV of the Orissa Land Reforms Act, 1960 (hereinafter referred to as 'the Act').

(2.) Suo motu proceeding under S. 42 of the Act registered as Ceiling Case No. 17 of 1974 was initiated by the Revenue Officer-cum-Tahasildar, Salipur to determine the ceiling surplus lands of the petitioner. The draft statement was confirmed under S. 44( 1) of the Act on 14-11-1975 declaring that the petitioner has 3.504 acres of surplus land. The petitioner preferred an appeal registered as O.L.R. Appeal No. 42 of 1975 under S. 44(1) of the Act. By order dt. 26-4-1976, the appeal was dismissed on the sole ground that the statement in the meantime has been finally published for which no appeal could be entertainable. Immediately thereafter, 2.815 standard acres of land was distributed to opposite parties 3 to 14 under S. 51 of the Act. Revision of the petitioner under S. 59 of the Act was held not to be maintainable. The petitioner approached this Court in O.J.C. No. 754 of 1976 to quash the orders of the statutory authorities. Opposite parties Nos. 3 to 14 were also made parties to the writ application. This Court quashed the appellate order and the revisional order and directed the appellate authority to decide the appeal on merits by order dt. 23-6-1977. In compliance with the aforesaid direction of this Court, the appellate authority heard the appeal and by his order dt. 6-11-1978 held that the petitioner did not hold any land to be surplus beyond the ceiling limit fixed under the Act and as such the order of the Revenue Officer was set aside.

(3.) After the decision in appeal, the petitioner made an application before the Revenue Officer for restoration of the property. The Revenue Officer, however, refused the prayer of the petitioner on the following finding: