ARDA MAHALAXMI Vs. DIST MAGISTRATE AND COLLECTOR GANJAM

JUDGEMENT

(1.) This is a second round of the petitioners to approach this Court in an application under Arts.226 and 227 of the Constitution of India.

(2.) Petitioners, who are mother and son, are landholders. Under the Orissa Land Reforms Act, 1960 (hereinafter referred to as The Act') challenging the order in the ceiling surplus proceeding the petitioners approached this Court. During the pendency of the writ application, status quo was directed to be maintained. Ultimately the order was quashed and the Revenue Officer was directed to proceed afresh from the stage of draft publication under S. 43 of the Act - See ILR (1979) 1 Cuttack 22, (Arda Murari v. State of Orissa). After remand, the Revenue Officer found that there was no surplus land beyond the ceiling area and accordingly, the proceeding was dropped. However, before the order of this Court directing to maintain the status quo, the Revenue Officer wrongly found surplus land measuring 7.799 acres equivalent to 4.311 standard acres which was distributed. On the finalisation of the proceeding after remand, petitioners approached the Revenue Officer and the District Collector to redeliver the lands distributed to opp. party Nos.3 to 10. The District Collector and the Revenue Officer issued notice to the persons to whom the land was distributed under S.51 of the Act. However, they were helpless in the matter in the absence of any specific provision under the Act for restitution and in view of a circular of the Board of Revenue Communicated in memo No. 6433/LR. dated 10-9-1979. Hence of a writ in the nature of mandamus for restitution for their property.

(3.) Only those ceiling surplus lands which vest in the State Government under S. 45 can be distributed. Where there is no ceiling surplus land, the Revenue Officer has no jurisdiction to distribute and settle any land. It has been held in ILR (1977) 2 Cuttack 334 (Naresh Chandra Tripathy v. Revenue Officer-cum- Additional Tahasildar, Angul) as follows :