KUNJALATA Vs. TAHSILDAR SAMBALPUR

JUDGEMENT

(1.) In this application under Arts. 226 and 227 of the Constitution, the petitioner has prayed for quashing the orders in O.L.R. Case No. 303 of 1974, a proceeding under Chapter IV of the Orissa Land Reforms Act, 1960 (hereinafter called as 'the Act').

(2.) A suo motu proceeding under S. 42 of the Act was initiated by the Revenue Officer, Sambalpur in the name of Byamakesh Purohit, the husband of the petitioner. The landholder objected to the draft statement claiming that his major married son had separated as such before the 26th day of Sept., 1970 and is not a member of the family. Specific parcels of land possessed by the father and the son separately were mentioned in the schedule to the objection. Local enquiry was made by the Revenue Officer, who also recorded the statements of different persons on 16-5-1975. On 19-5-1975 the arguments were heard and the case was posted to 30-5-1975 directing the Amin to submit information regarding partition in the family of Byamakesh and classification of lands. The case was awaiting finalisation of the draft statement. In the meantime, on 2-6-1975, which was not a fixed date in the case, a petition was filed by the husband of the petitioner, the material portions of which read as follows :

(3.) About one year after, on 23-8-1976 the successor Revenue Officer reopened the proceeding in exercise of his power of review under S. 60 of the Act. The order reads as follows :