BILAS THAKUR Vs. TAHSILDAR-CUM-REVENUE OFFICER

JUDGEMENT

(1.) THIS is an application for quashing the fixation of ceiling in a suo motu proceeding under the Orissa Land Reforms Act (hereinafter referred to as the 'act' ).

(2.) THE brief facts relevant for disposal of the application are the following: One bhagaban Panda was the recorded owner in respect of 17. 19 acres of agricultural and waste lands located within Barpalli area of the district of sambalpur. He died in the month of April, 1970 leaving behind two widows --Phula and Madhabi --- and two daughters -- Bilas (petitioner) who was long married born through Phula and Krishnapriya, still minor, born through madhabi. The widows did not file any return as contemplated under Section 40a of the Act and a suo motu proceeding was initiated by the Revenue Officer. On receipt of notice, the two widows filed an objection in August, 1975, as per annexure 2. In para. 4 of this objection, it was specifically alleged that bhagaban had alienated 8. 98 acres of land to four named transferees during his lifetime and as such the proceeding was not maintainable. The enquiry was fixed to 6-12-1975, when the two widows appeared. The Revenue Officer declined to enter into an examination of the correctness of the objection by saying:--

(3.) THE two widows appear not to have carried an appeal against the order. Admittedly petitioner has a share in the property. From the statement in paragraph 3 of the writ petition, it clearly appears that before 26-9-1970, 5. 45 acres of land out of 17. 16 acres have been alienated under registered sale deeds. In paragraph 4 of the counter affidavit, the Revenue Officer has stated:-