DURGA CHARAN MAJHI Vs. TAHASILDAR CUM REVENUE OFFICER

JUDGEMENT

(1.) THIS writ application is directed against the order dated 29. 6. 1978 passed by the Collector, Mayurbhanj, opposite party No. 3, in O. L. R. Revision Case No. 1 of 1978 by which he has rejected the petitioner's revision petition to move the Member, Board of Revenue, under Section 44(2) of the Orissa Land Reforms Act, 1 60 (hereinafter called the 'Act') to revise the order dated 27. 12. 1976 passed by the Revenue Officer, Udala, in O. L R. Case No. 66 of 1974.

(2.) A brief narration of the facts leading to the writ application is that a ceiling proceeding under the Act was initiated suo motu against Jaba Dei, opposite party No. 2, who is since deceased and substituted by her legal representatives. In that ceiling proceeding, the petitioner appeared and gave evidence. However, on the materials on record, the learned Revenue Officer, opposite party No. 1, came to the conclusion that opposite party No. 2 was having ceiling surplus /ands to the extent of Act 11.80 dec. The present writ petition has been filed by Durga Charan Majhi, the step -son of the deceased opposite party No. 2 being the issue of the spouse of the family according to the provisions of Section 376 of the Act.

(3.) THE petitioner has made a grievance that no notice of the proceeding was given to him. We have already adverted that the petitioner appeared as a witness in the proceeding.