KHIRADHAR PATEL Vs. STATE

JUDGEMENT

(1.) This writ application under Art.226 of the Constitution of India arises out of a proceeding under Chap. IV of the Orissa Land Reforms Act, 1960 (hereinafter referred to as the 'Act').

(2.) The Revenue Officer, Sundargarh initiated a suo motu proceeding under S.42 of the Act for determining the ceiling surplus lands in the hand of the family of Khiradhar Patel, petitioner No.1. Khiradhar objected to the draft statement on various grounds one of them being that there has been a partition among Khiradhar and his three sons, petitioners 2 to 4 since the year 1963. The Revenue Officer disbelieved the partition. He came to the conclusion. "..........I hold that the younger sons are not separate from the date of execution of the partition deed.........."

(3.) Taking the family to be consisting of five members, the Revenue Officer allowed 10.68 standard acres to be retained and declared 5.52 standard acres as surplus land. This order was confirmed in an appeal under S.44(2) of the Act and in revision under S.59( 1) of the Act. The petitioners approached the Land Reforms Commissioner to move the Board of Revenue to revise the orders in exercise of the power under S.59(2) of the Act. Being satisfied that the family of Khiradhar consists of six persons, i.e., Khiradhar (Petitioner No.1), his wife (Baidehi), his three sons, namely, Purna Chandra (petitioner No.2), Upendra (petitioner No.3) and Govind (Petitioner No.4) and his married daughter Sumitra, the Land Reforms Commissioner moved the Board of Revenue to revise the order under S.59(2) of the Act.