GUNNAM SARADA Vs. THE SUB-COLLECTOR, RAYAGADA

JUDGEMENT

(1.) The petitioner, in this writ application, has challenged initiation of the proceeding under Section 52 of the Orissa Land Reforms Act, 1960 ("Act" for short) and the order passed by the Revenue Officer -cum -Tahsildar, Rayagada on 30.09.2010 in O.L.R. Case No.10 of 2002, vide Annexure -4.

(2.) Gunnam Subbarao and Gunnam Ramayamma were husband and wife. Gunnam Subbarao died in the year 1948 and Gunnam Ramayamma died in 1982. They were blessed with four sons and four daughters. Out of whom, their fourth son namely Chandramauli died in his spate of bachelorhood in July, 1953, elder son Appa Rao died in the year 1973 and third son G. Hanumanji (husband of the present petitioner Smt. Sunnam Sarada) died in 1977. Their first daughter namely V. Vanumati has also died in the year 1999.

(3.) Against late G. Ramayamma (mother -in -law of the present petitioner), O.L.R. Case No.14 of 1974 was initiated, and against G. Hanumanji (third son of G. Ramayamma and late husband of the present petitioner) O.L.R. Case No.12 of 1974 was initiated. On death of G. Hanumanji, the present petitioner was substituted in O.L.R. Case No.12 of 1974. O.L.R. Case No.12 of 1974 was closed in the year 1994, and it was held that G. Sarada (present petitioner) was entitled to retain Ac.44.741 decimals of land. The finally modified confirmed statement about ceiling surplus land and retainable land of Gunnam Sarada was published on 18.04.1994. The land of Ac.44.741 decimals is equivalent to ten standard acres. As it includes different classes of lands, in the said proceeding, i.e. O.L.R. Case No.12 of 1974 it was held that the extent of Ac.16.799 decimals equivalent to 3.733 standard acres was the ceiling surplus land of Gunnam Sarada (present petitioner). After the exercise by the authorities under the O.L.R. Act, the modified confirmed statement as per Section 44 (3) of the O.L.R. Act was published on 18.04.1994. There is no dispute or assertion by any of the parties that only Ac.44.74 decimals of land is the ceiling surplus land of Gunnam Sarada now, or there has been change in the circumstances in the meantime since the publication of the modified confirmed statement on 18.04.1994.